On the agenda: Cass County Cass County Planning Commission — Data Center (Oct 28)

CASS COUNTY
PLANNING COMMISSION
Wednesday, October 28, 2026 at 4:00 PM
Cass County Building
120 N. Broadway
Chambers
Cassopolis, MI 49031
1.

CALL TO ORDER

2.

PLEDGE OF ALLEGIANCE

3.

ROLL CALL

4.

PUBLIC COMMENT

5.

APPROVAL OF AGENDA

6.

APPROVAL OF MINUTES
a.

7.

OLD BUSINESS
a.

8.

9.

September 23, 2026 meeting minutes

Review By-laws

NEW BUSINESS
a.

Penn Township- Ordinance Amendment

b.

Jefferson Township- Farmland Development Rights Agreement

ADJOURNMENT

Page 1 of 244

CASS COUNTY PLANNING COMMISSION
Wednesday September 23, 2026
4:00 PM
Commissioner’s Chambers
Call to Order/Pledge/Roll Call
The regular meeting of the Cass County Planning Commission was called to order by chairman,
Dan Stutsman at 4:00. The Pledge to the Flag was offered. In addition to Stutsman, board
members present were: Tyler Augst, Jayne Bailey, Todd Haberland, Dave Kring, Jim Lawrence,
Jaclyn Lyles, Roseann Marchetti, Dianna McGrew, and Richard Palmisano. Board Member
excused was Michael Bowman.
Public Comment
There was no comment at this time. Those present at the meeting were Dave Nagy from Porter
Township, Lauren Hodges from Newberg Township and Ambrosia Neldon.
Agenda
Marchetti made the MOTION to approve the agenda providing the inclusion of the appointment
of a Parks and Recreation committee member from the Planning Commission to replace Bailey
and the appointment of a Recording Secretary. The motion was duly supported and it passed.
Minutes
Lawrence made the MOTION to accept the August 26, 2026 minutes as written. Palmisano
seconded the motion and it carried.
Old Business
Regarding last month’s rezoning request of 47 acres in Pokagon Township, parcel numbers
14-110-011-202-00 and 14-110-011-20-00, the same was submitted for review again. Because
the 30-day window of review was closed, the county waives its right to a formal review. Also
noted was the fact that there was still insufficient information in the packet from the township.
In the case of Porter Township’s Solar Farm Ordinance, Dave Nagy from the township’s
planning commission was available to present. While the request had exceeded the time limit
for a formal request, Nagy was appreciative of the additional support and comments from the
county commission members.
Below are some of the notes from the discussion:
●​ With an ordinance in place, the township is allowed to issue the permits instead of the
state.
●​ Haberland stressed the importance of an Environmental Impact Study.
●​ Augst pointed out the discrepancy between Abandonment (12 consecutive months) and
Removal and Site Renovation (which is when the system ceases to actively produce
power for 180 days or more)
●​ Hazardous waste should be defined in the document.
●​ Question on 6 feet or 8 feet for fencing and is fence without barbed wire? Sec. I-9) c.

Page 2 of 244

●​ Augst brought up concerns about Sec. I-26. which includes a Community Host
Agreement. While the idea may or may not be okay in itself, to include it in the
ordinance, it would have to be exactly the same for all who seek this sort of permit.
New Business
Credit goes to Tyler Augst for suggestions on updates to the Cass County Planning Commission
By-Laws. They will be discussed and voted on at the October meeting.The following are notes
from that discussion:
●​ Concerning the excused vs. unexcused absences, the board members felt the chair’s
discretion was sufficient.
●​ The use of the word ‘consecutive’ absences can be removed.
●​ Tyler’s Proposed Language is very good regarding Attendance.
●​ The Recording Secretary does not have to be a member of the board but instead part of
administration. This could be Ambrosia or a member of her office.
●​ Many of the duties listed in the Secretary’s office are performed by the Administration
already.
●​ Much discussion on Meetings and Public Participation including the 3 minute time limit
for comments, the transfer of the three minutes to another party and should one be
placed on the agenda. It was the consensus that the 3 minutes is enough, that an
organized group could speak on the same subject consecutively (each using their 3
minutes) but that placement on the agenda should not be encouraged. Use softer
language on “discussions with audience during public comment.”
●​ Discussion on Township Zoning Reviews centered around the current checklist and a
possible revision. In other words, what is included in the packet. The main question is
whether the board members feel comfortable making a formal review with less
information, without a staff spokesperson, etc.
●​ Marchetti made the comment that many of the townships do not use the county as a
review board.
●​ Palmisano, with this in mind, asked a question about how to add value to the Cass
County Planning Commission’s ability to provide desirable, real feedback in reviews so
as to attract more involvement from the non-participating townships.
Stutsman made the MOTION to appoint Palmisano to the Parks and Recreation Committee with
a second from Marchetti. The vote was unanimous.
Stutsman made the MOTION to appoint administrative staff (Ambrosia) to the Office of
Recording Secretary/Secretary of the Cass County Planning Commission. Augst AMENDED the
motion to include just the Office of Recording Secretary. He then supported the motion and it
carried.
ADJOURNMENT
Stutsman closed the meeting and it ended at 5:35.
Minutes Submitted By, Jayne Bailey

Page 3 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026]

County of Cass, Michigan
Cass County Planning Commission
BYLAWS
March 25, 2009
1. NAME PURPOSE
A. The name of this commission shall be the Cass County Planning Commission,
hereafter known as the "Commission".
B. These Bylaws are adopted by the Commission to facilitate the performance of its
duties as outlined in P.A. 33 of 2008, as amended, being the Michigan Planning
Enabling Act, (M.C.L. 125.3801 et seq.), hereinafter “the Planning Act.”
2. MEMBERSHIP
A. Members: Members of the Commission are appointed by the Cass County Board
of Commissioners pursuant to the Cass County Board of Commissioners
Resolution dated February 23, 1995 as amended October 21, 2004 and the
requirements of the Planning Act.
B. Attendance: If any member of the Commission is absent from three consecutive
regularly scheduled meetings, the Cass County Board of Commissioners may
remove that member from the Commission. The Recording Secretary or acting
secretary shall keep attendance records and shall notify the Board of
Commissioners when any member is absent from three consecutive regularly
scheduled meetings.
C. Training
Each member shall complete one training session in planning
and zoning as determined by the Board of Commissioners (M-116-08).
D. Incompatibility of Office
1. Each member of the Commission shall avoid conflicts of interest and/or
incompatibility of office. As used here, a conflict of interest shall at a
minimum include, but not necessarily be limited to, the following:
a. Issuing, deliberating on, voting on, or reviewing a case concerning
him or her.
b. Issuing, deliberating on, voting on, or reviewing a case concerning
work on land owned by him or her or which is adjacent to land
owned by him or her and/or land which is within 300 feet of
his/her property.
c. Issuing, deliberating on, voting on, or reviewing a case involving a
corporation, company, partnership, or any other entity in which he
or she is a part owner, or any other relationship where he or she
may stand to have a financial gain or loss.
d. Issuing, deliberating on, voting on, or reviewing a case which is an
action which results in a pecuniary benefit to him or her.
e. Issuing, deliberating on, voting on, or reviewing a case concerning
his or her spouse, children, step-children, grandchildren, parents,
1 of 12
Page 4 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026]
brothers, sisters, grandparents, parents in-law, grandparents in-law,
or members of his or her household.
f. Issuing, deliberating on, voting on, or reviewing a case where his
or her employee or employer is:
1. an applicant or agent for an applicant, or
2. has a direct interest in the outcome.
2. If there is a question whether a conflict of interest exists or not, the
question shall be put before the Commission. Whether a conflict of
interest exists or not shall be determined by a majority vote of the
remaining members of the Commission.
3. When a conflict of interest exists, the member of the Commission, or
committee, shall do all of the following immediately, upon first
knowledge of the case and determining that a conflict exists:
a. declare a conflict exists at the next meeting of the Commission or
committee:
b. cease to participate at the Commission or committee meetings, or
in any other manner, or represent one's self before the
Commission, its staff, or others, and
c. during deliberation of the agenda item before the Commission or
committee, leave the meeting or remove one's self from the front
table where members of the Commission sit, until that agenda item
is concluded.
4. If a member of the Commission is appointed or elected to another office,
which is an incompatible office with his or her membership on the
Commission, the assumption of that office shall result in an automatic
resignation from the Commission. If a member of another office is
appointed to the Commission, which is an incompatible office with his or
her membership in the other office, then on the effective date of the
appointment to the Commission, that shall result in an automatic
resignation from the other office.
3. DUTIES OF ALL MEMBERS
A. Ex Parte contact
1. Members shall avoid Ex Parte contact about cases where an administrative
decision is before the commission whenever possible.
2. Despite one’s best efforts it is sometimes not possible to avoid Ex Parte
contact. When that happens, the member shall take detailed notes on what
was said and report to the Commission at a public meeting or hearing what
was said, so that every member and other interested parties are made
aware of what was said.
B. Site Inspections
1. Individual members are encouraged to independently visit sites under
consideration; and to share their findings with the membership at the
public meeting or hearing on that site.
2. If deemed necessary, the entire Commission may visit the site as a body as
long as the intended site-visit is properly posted to allow the public to
attend.
2 of 12
Page 5 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026]
C. Not Voting On the Same Issue Twice.
Any member of the Commission shall avoid situations where they are sitting in
judgment and voting on a decision which they had a part in making.
D. Accepting gifts.
Gifts shall not be accepted by a member of the Commission or liaisons from
anyone connected with an agenda item before the Commission.
E. Spokesperson for the Commission.
1. Free and open debate shall take place on issues before the Commission.
Such debate shall only occur at meetings of the Commission.
2. Once a vote is taken and an issue is decided by vote, the duty of each
member of the Commission is to represent the position reflected by the
outcome of the vote. Minority reports and requests for reconsideration
may take place only at an open meeting of the Commission.
3. From time-to-time, or on a specific issue the Commission Chair shall act
as the spokesperson for the Commission for all matters which occur
outside of the meetings of the Commission..
4. OFFICERS
A. Selection. At the first meeting of the calendar year, the Commission shall select
from its membership a Chair, Vice-Chair, Secretary. All officers are eligible for
reelection. In the event the office of the Chair becomes vacant, the Vice-Chair
shall succeed to this office for the unexpired term and the Commission shall select
a successor to the office of Vice-Chair for the unexpired term.
B. Tenure. The Chair, Vice-Chair and Secretary shall take office at the second
meeting of the calendar year following their selection and shall hold office for a
term of one year or until their successors are selected and assume office.
C. Chair's Duties.
1. Preside at all meetings under parliamentary procedure as described
Roberts Rules of order and conduct them;
2. Shall rule out of order any irrelevant remarks; remarks which are personal;
remarks about another's race, religion, sex, physical condition, ethnic
background, beliefs, or similar topics; profanity; or other remarks which
are not about the topic before the Commission;
3. Restate all motions as pursuant to Section 5.E of these Bylaws;
4. Appoint committees;
5. Appoint officers of committees or choose to let the committees select their
own officers.
6. May call special meetings pursuant to Section 5.B of these Bylaws;
7. Act as member and Chair of the Executive Committee pursuant to Section
7.A of these Bylaws;
8. Act as an Ex-Officio member of all committees of the Commission;
9. Appoint an Acting-Secretary in the event the Secretary is absent from a
Commission meeting.
10. Review with the Secretary or staff, prior to a Commission meeting, the
items to be on the agenda if he or she so chooses;
3 of 12
Page 6 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026]
11. Act as the Commission's chief spokesman to represent the Commission at
local, regional, and state government levels.
12. Represent the Commission, before the County Board of Commissioners;
and
13. Perform such other duties as may be ordered by the Commission.
D. Vice-Chair’s Duties. The Vice-Chair shall:
1. Act in the capacity of Chair, with all the powers and duties found in
Section 4.C of these Rules, in the Chair's absence;
2. Act as member and Vice Chair of the Executive Committee pursuant to
Section 7.A of these Rules; and
3. Perform such other duties as may be ordered by the Commission.
E. Secretary’s Duties. The Secretary shall:
1. Execute documents in the name of the Commission;
2. Be responsible for the minutes of each meeting, pursuant to section 6.A of
these Bylaws if there is not a recording secretary.
3. Review the draft of the minutes and sign them,
4. Perform such other duties as may be ordered by the Commission.
5. Act as member and Secretary of the Executive Committee pursuant to
Section 7.A of these Bylaws;
F. Recording Secretary’s Duties. The Recording Secretary shall not be a member
of the commission or any of its committees, and shall:
1. At each meeting take notes for minutes and prepare a first draft of minutes
pursuant to section 6.A of these Bylaws for review and signature by the
Secretary; and
2. Perform such other duties as may be ordered by the Commission or
secretary.
3. Ensure that copies of minutes are distributed to each member of the
Commission prior to the next meeting of the Commission (the Secretary
may delegate this duty to Commission staff);
4. Receive all communications, petitions, and reports to be addressed by the
Commission, delivered or mailed to the Secretary in care of the Planning
Department Office;
5. Provide notice to the public and members of the Commission for all
regular and special meetings, pursuant to the Open Meetings Act, P.A. 267
of 1976, as amended, M.C.L. 15.261 et seq. (the Secretary may delegate
this duty to Commission staff);
6. Prepare an agenda for Commission meetings pursuant to Section 5.K of
these Bylaws (the Secretary may delegate this duty to Commission staff);
7. Submit minutes for approval to the Commission and have them spread in
suitable volumes.
5. MEETINGS
A. Regular meetings. Meetings of the Commission will be held as set and posted
by the Commission.
When the regular meeting day falls on a legal holiday, the Commission shall

4 of 12
Page 7 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026]
select a suitable alternate day. An annual notice of regularly scheduled
Commission meetings shall comply with the Michigan Open Meetings.
B. Special Meetings. Special meetings shall be called in the following manner:
1. By the Chair.
2. By any two members of the Commission.
3. By the Chair at the request of any non-member of the commission, upon
payment of a non-refundable fee to cover costs of the special meeting.
The fee shall be calculated as follows: The current amount of per diem
paid times the total number on the Commission, regardless if they attend
the meeting or not.
4. Notice of special meetings shall be given by the Secretary to members of
the Commission at least forty eight (48) hours prior to such meeting and
shall state the purpose, time, day, month, date, year and location of the
meeting (the Secretary may delegate this function to staff). In addition
notices shall comply with P.A. 267 of 1976, as amended, (being the
Michigan Open Meetings Act M.C.L. 15.261 et seq.).
C. Recess. The Chair, or the Commission, after the meeting has been in session for
two hours (not including site inspections), shall suspend the Commission’s
business and evaluate the remaining items on its agenda.
The commission shall then decide to finish that meetings agenda, may act to
continue the meeting on another day (fix the time at which to adjourn), or
complete some agenda items and continue the meeting on another day to complete
other agenda items or postpone certain agenda items to the next meeting.
If applicable such action shall include the time, day, month, date, year, and
location the Commission will reconvene. If more than 18 hours will pass before
the reconvened Commission, public notice shall be given to comply with P.A. 267
of 1976, as amended, (being the Michigan Open Meeting Act M.C.L. 15.261 et
seq.).
Upon reconvening, a roll call of attendance shall be the first item of business
before proceeding with the same agenda. The commission shall resume with the
same meeting agenda, proceeding at the same point where they left off, without
the addition of additional business.
D. Quorum. More than half the total number of seats for members of the
Commission, regardless if vacancies exist or not, shall constitute a quorum for the
transaction of business and the taking of official action for all matters before the
Commission. Whenever a quorum is not present at a regular or special meeting,
those present shall adjourn the meeting to another day.
E. Motions.
1. Motions shall be restated by the Chair before a vote is taken.
2. Findings of Fact. All actions taken in an administrative capacity shall
include each of the following parts.

5 of 12
Page 8 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026]
a. A finding of fact, listing what the Commission determines to be
relevant facts in the case.
b. Conclusions to list reasons based on the facts for the
Commission's action, often directly related, or not, to a finding of
compliance, or noncompliance, to standards.
c. The Commission's action; recommendation or position, approval,
approval with conditions, or disapproval.
F. Voting. Voting shall be by voice and shall be recorded as passing or failing. Roll
call votes will be recorded only upon request by of a member of the Commission
and shall be recorded by "yes" or "no".
Members must be present to cast a vote. Voting by proxy shall not occur. The
affirmative vote of a majority of those present or a majority of a quorum,
whichever is greater, shall be necessary for the adoption of motions. The
affirmative vote of a majority of the total number of seats for members of the
Commission, regardless if vacancies or absences exist or not, shall be necessary
for the adoption, or recommendation for adoption, of any plan or amendment to a
plan.
G. Commission Action. Action by the Commission on any matter on which a
hearing is held shall not be taken until the hearing has been concluded.
H. Public Participation. All regular and special meetings, hearings, records, and
accounts shall be open to the public.
All public comment on all agenda items shall be presented at the beginning of the
meeting where provided in the printed agenda. After that point during the
meeting, public comment is normally not allowed; however, sometimes the
Commission may direct questions to members of the public. Public comment is at
the beginning of the meeting so the Commission can hear concerns and questions
before acting on an issue.
I. The Chair may limit the amount of time allowed for each person wishing to make
public comment at a Commission meeting. The Chair may ask members of the
audience to caucus with others sharing similar positions so they may select a
single spokesperson.
J. Consensus Business. Certain items of business before the Commission are
routine matters where no discussion normally occurs or is expected to occur and a
consensus for adoption normally occurs or is expected to occur.
The individual preparing the agenda may mark such items on the agenda as a
Consent Item, if that individual feels it qualifies as consensus business.
The agenda or material presented on the issue shall indicate the proposed action
(approve, disapprove, no comment, approve with modification).
First, any Consent Item can be removed by request of a member. It is
automatically removed if discussed during Public Participation. Second, a motion
to adopt the Consent Items can be made, in effect adopting all agenda items still
6 of 12
Page 9 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026]
included as Consent Items. The approval of minutes and the expense report shall
be proposed on the agenda as Consent Items.
Consensus business can be proposed for any item on the agenda, but shall never
include any of the following:
1. Items of business which are listed in Section 11 (HEARINGS) of these
bylaws.
2. Review of plans and zoning ordinances, or any part or amendment thereto.
3. Action on special use permits, planned unit developments, site plans, and
similar administrative actions.
4. Election of officers.
5. Any item not printed on the agenda which is delivered, along with
adequate supporting information, to Commissioners prior to the meeting.
The motion to adopt Consent items in the minutes shall clearly list each
item and indicate its action/disposition.
K. Delivery of Agenda. The agenda and accompanying materials shall be forwarded
to Commission members so it is reasonably expected to be received prior to the
weekend prior to the regular meeting date, generally accepted to be, but not
always, the week prior to the Commission meeting, pursuant to section 5.A.
L. Placement of Items on the Agenda.
1. The County Administrator’s Office shall be the office of record for the
Commission.
2. The [County Administrator’s Office may receive items on behalf of the
Commission between the time of the adjournment of the previous
Commission meeting and eight business days prior to the next regularly
scheduled Commission meeting.
3. Items received by the County Administrator’s Office between seven days
prior to the next regularly scheduled Commission meeting and the next
regularly scheduled Commission meeting shall be set aside to be received
by the Commission at its next regularly scheduled Commission meeting.
The Commission may act on those items of a minor nature or table action
to the subsequent regular or special Commission meeting. Those items of
a major nature, or items normally receiving staff review, analysis, or
recommendation shall be tabled until the subsequent regular or special
Commission meeting.
4. The deadline to add items to the Commission's meeting agenda shall be
seven days prior to the next regularly scheduled Commission meeting.
6. RECORD
A. Minutes and Record. The Commission’s Recording Secretary shall keep,
or cause to be kept, a record of Commission meetings, which, shall at a
minimum include an indication of the following:
1. Copy of the meeting posting pursuant to P.A. 267 of 1976, as
amended, (being the Michigan Open Meetings Act, M.C.L. 15.261
et seq.)

7 of 12
Page 10 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026]
2. Copy of the minutes, and all its attachments which shall include a
summary of the meeting, in chronological sequence of occurrence:
a. Time and place the meeting was called to order.
b. Attendance.
c. Indications of others present (listing names if others choose
to sign in and/or a count of those present).
d. Summary or text of points of all reports (including reports of
what was seen and discussed at a site inspection) given at
the meeting, and who gave the report and in what capacity.
An alternative is to attach a copy of the report if offered in
writing.
e. Summary of all points made in public participation or at a
hearing by the applicant, officials, and guests and an
indication of who made the comments. An alterative is to
attach a copy of the public’s statement, petition, or letter if it
is provided in written form.
f. Full text of all motions introduced, whether seconded or not,
who made the motion and who seconded the motion. For
each motion, the following shall be included:
1. Reasons for the decision made.
2. The decision (e.g. approve, deny, approve with
modification).
3. A list of all recommendations, if any.
g. The type of vote and its outcome. If a roll call vote, indicate
who voted yes, no, abstained or a statement the vote was
unanimous. If not a roll call vote, then simply a statement:
“the motion passed/failed after a voice vote.”
h. That a person making a motion withdrew it from
consideration.
i. All the Chair's rulings.
j. All challenges, discussion and vote/outcome on a Chair's
ruling.
k. All parliamentary inquiries or point of order.
l. When a voting member enters or leaves the meeting.
m. When a voting member or staff member has a conflict of
interest and when the voting member ceases and resumes
participation in discussion, voting and deliberations at a
meeting.
n. All calls for an attendance count, the attendance, and ruling
if a quorum exists or not.
o. The start and end of each recess.
p. All Chair's rulings of discussion being out of order.
q. Full text of any resolutions offered.
r. Summary of announcements.
s. Summary of informal actions, or agreement on consensus.
t. Time of adjournment.
8 of 12
Page 11 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026]
3. Records of any action, support documents, maps, site plans,
photographs, correspondence received, attached as an appendix to
the minutes.
B. Retention. Commission records shall be preserved and kept on file
according to the following schedule:
1. Minutes, bonds, oaths of officials, zoning ordinances, master or
compressive plans, other records of decisions, Commission or
department publications: Permanent.
2. Correspondence: Permanent.
7. COMMITTEES
A. Executive Committee
The Executive Committee shall be a standing committee of the
Commission. Its membership shall be the Chair, Vice-Chair, and
Secretary of the Commission and they shall hold the same offices on the
committee.
B. Ad Hoc Committees. The Commission or Chair may establish and
appoint ad hoc committees for special purposes or issues, as deemed
necessary. Less than a quorum may serve on an ad hoc committee at
any given time.
C. Citizen Committees. The Commission, Chair, or may establish and
appoint citizen committees with the consent of the Commission.
Membership can be any number, so long as less than a quorum of the
Commission serve on a citizen committee at any given time. The purpose
of the citizen committee is to have more citizen and municipal government
involvement, to be able to use individuals who are knowledgeable or
expert in the particular issue before the Commission and to better
represent various interest groups in the [local unit of government].
8. RULES OF PROCEDURE FOR ALL COMMITTEES
A. Subservient to the Commission. All committees are advisory to the
Commission and report their recommendations to the Commission for
review and action.
B. Same Principles. The same principles of these Bylaws for the
Commission also apply to all committees of the Commission.
9. INTERGOVERNMENTAL COORDINATION
The Commission shall encourage and support intergovernmental coordination of
all related planned activities among the state, federal, and municipal
governments concerned.
10. MILEAGE AND PER DIEM
A. Mileage and per diem shall be paid to members of the Commission for
regular Commission meetings at rates established by the Board of
Commissioners for attending Commission meetings and other authorized
meetings and trips to represent the Cass County Board of Commissioners,
if those Commission members bill the Cass County Board of
9 of 12
Page 12 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026]
Commissioners for the same.
Only mileage shall be paid for attendance at ad hoc committee meetings,
if those Commission members bill the Cass County Board of
Commissioners for the same. No mileage or per diem is paid to any
members of a citizen committee, unless authorized and budgeted by the
Cass County Board of Commissioners with recommendation by the
Commission.
11. HEARINGS
A. Plan Hearings. Before the adoption of any part of a plan, as defined in
the Planning Act, or any amendment to a plan, or recommending approval
of an amendment to the Board of Commissioners, the Commission shall
hold a public hearing on the matter. Notice of the time and place of the
hearing shall be given, not less than 15 days prior to such hearing, by at
least one publication in each newspaper of general circulation.
B. Special Hearings. Notice of special hearings for the purposes of
presenting preliminary master plans, obtaining public opinion on a
problem, or discussion of a particular problem with interested parties will
be given in the most practical manner and to persons, or group
representatives most interested, and as required by the Planning Act,
Zoning Act, and relevant local zoning ordinance.
C. Notice of Decision. A written notice containing the decision of the
Commission will be sent to petitioners and originators of a request for the
Commission to study a special problem.
12. PLAN REVIEWS
A. The Commission shall review all adjacent, or contiguous, local
government plans (township, village, and city), adjacent county plans,
local governments government plans (township, village, and city plans)
within the boundaries serviced by the Commission, and the county plans
in which the Commission’s service area is located.
B. Action shall be in the form of a motion which contains (or is included in the
minutes) a finding of fact, conclusions as to a list of reasons for the action,
and the Commission's advisory action, pursuant to section 5.E.2 of these
Bylaws.
C. The review shall focus on:
1. First and foremost, the process is intended to increase coordination
of planning between governments.
2. Consistencies or inconsistencies with your government’s plan(s) for
matters such as:
a. Border issues
b. Issues of greater than local concern
c. Comparison with local plan contents
d. Comparison with county/regional plan contents
e. Comparison to other relevant adopted plans (such as an
historic preservation plan, local wetland protection plan, TIF
or Brownfield Redevelopment plan, etc.).
10 of 12
Page 13 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026]
f. Comparison to various implementation strategies.
3. If the county planning commission considered the proposed plan
inconsistent with the plan of any city, village, township, or region
that received a copy of the draft plan (or amendment).
4. If the county planning commission considers the draft plan (or
amendment) to be inconsistent with a county plan(s), if any.
5. Action by the Commission shall be based on, in part, a review of
possible boundary conflicts between the plans of two municipalities.
If a boundary conflict is found to exist the following shall apply:
a. The assumption is made that there shall not be any provision
of a municipal plan which is in conflict with the county plan.
b. The Commission shall use compliance with the county plan
as its main tool for purposes of coordination of the proposed
plans with the plans of municipalities having a common
boundary. If a conflict is found to exist, it is not proper to
assume the proposed plan is the problem. The problem
could be the municipality which is adjacent to the
municipality for which the plan is being reviewed. The
problem could be both plans.
c. The criteria to determine which municipality has the plan
which causes the boundary conflict shall be the
Commission’s finding of compliance with the county plan.
The municipality (or both municipalities) not in compliance
with the county plan shall be deemed to have the plan which
contributes to the boundary conflict.
D. The review shall be in the form of a letter and shall take into account:
1. Respect for the idea that the submission and review stages are
near the end of a plan adoption process. A community may be
ready to adopt and others may be waiting for the task to be done.
Do not extend the adoption more than necessary.
2. Focus only on significant issues, in a clear and well documented
way. Suggest solutions rather than only pointing out what is wrong.
3. Be clear and document statements to improve the quality of
planning for the entire area. This process is to improve coordinated
planning, not to undermine relationships or exacerbate tensions
between governments.
4. Include mutual respect of others, so the comments are factual,
objective, and based on sound planning principles.
13. TOWNSHIP ZONING REVIEWS
A. The Commission shall review all zoning ordinances and zoning
amendments for townships within the county.
B. Action shall be in the form of a motion which contains (or is included in the
minutes) a finding of fact, conclusions as to a list of reasons for the action,
and the Commission's advisory action, pursuant to section 5.E.2 of these
Bylaws.
C. Township zoning, which shall be submitted with the following information:
11 of 12
Page 14 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026]
1. The text of the proposed ordinance,
2. The map for the proposed ordinance,
3. A letter indicating:
a. proper procedure for adoption and
b. the ordinance has been reviewed against all other applicable
statutes and law, and
c. the ordinance is appropriately drafted for use as a
legal/ordinance document.
D. Action by the Commission shall be based, in part, on a review of possible
boundary conflicts between the zoning of two municipalities. If a boundary
conflict is found to exist the conflict shall be identified and
recommendations made for the township to reconsider, or for the County
Planning Commission to consider amendments to its own plan.
1. The review shall be in the form of a letter sent to the township or
municipality.
14. OTHER MATTERS TO BE CONSIDERED BY THE COMMISSION
A. Commission Action. The following matters shall be presented for
consideration at a meeting of the Commission:
1. At least annually, the adoption of priorities for the Commission's
plan of work.
2. Annually, preparation of an annual report of the Commission.
3. Office, or Administrative Policy and ruling of interpretation of
regulations by the Commission or its staff.
4. All Planning reports and plans before publication.
5. Planning Commission's budget requirements for the fiscal year and
request for appropriation.
6. Selection of consultants.
7. Such other matters as the Chairperson shall find it advisable or
essential to receive consideration by the Commission.
15. ADOPTION, REPEAL, AMENDMENTS
A. Upon adoption of these Bylaws of [date], they shall become effective and
all previous Bylaws, shall be repealed.
B. The Commission may suspend any one of these Bylaws, for a duration of
not more than one agenda item or meeting.
C. These Bylaws may be amended at any regular or special meeting by a
two-thirds (⅔) vote of the members present.

12 of 12
Page 15 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]

County of Cass, Michigan
Cass County Planning Commission
BYLAWS
March 25, 2009
[DATE]

1. NAME PURPOSE
A. The name of this commission shall be the Cass County Planning Commission,
hereafter known as the "Commission".
B. These Bylaws are adopted by the Commission to facilitate the performance of its
duties as outlined in P.A. 33 of 2008, as amended, being the Michigan Planning
Enabling Act, (M.C.L. 125.3801 et seq.), hereinafter “the Planning Act.”
2. MEMBERSHIP
A. Members. Members of the Commission are appointed by the Cass County Board
of Commissioners pursuant to the Cass County Board of Commissioners
Resolution dated February 23, 1995 as amended October 21, 2004 and the
requirements of the Planning Act.
B. Attendance. Members of the Commission shall abide by Cass County’s
Boards, Committees and Commissions Attendance Policy. If any member of
the Commission is absent from three consecutive regularly scheduled meetings,
the Cass County Board of Commissioners may remove that member from the
Commission. The Recording Secretary or acting secretary shall keep attendance
records and shall notify the Board of Commissioners when any member is absent
from three consecutive regularly scheduled meetings.
C. Training. Each member shall complete one training session in planning and
zoning as determined by the Board of Commissioners (M-116-08).
D. Incompatibility of Office
1. Each member of the Commission shall avoid conflicts of interest and/or
incompatibility of office. As used here, a conflict of interest shall at a
minimum include, but not necessarily be limited to, the following:
a. Issuing, deliberating on, voting on, or reviewing a case concerning
themselves him or her.
b. Issuing, deliberating on, voting on, or reviewing a case concerning
work on land owned by the member him or her or which is
adjacent to land owned by the member him or her and/or land
which is within 300 feet of the member’s his/her property.
c. Issuing, deliberating on, voting on, or reviewing a case involving a
corporation, company, partnership, or any other entity in which the
member he or she is a part owner, or any other relationship where
the member he or she may stand to have a financial gain or loss.

1 of [XX]
Page 16 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]
d. Issuing, deliberating on, voting on, or reviewing a case which is an
action which results in a pecuniary benefit to the member him or
her.
e. Issuing, deliberating on, voting on, or reviewing a case concerning
the member’s his or her spouse, children, step-children,
grandchildren, parents, siblings brothers, sisters, grandparents,
parents in-law, grandparents in-law, or members of the member’s
his or her household.
f. Issuing, deliberating on, voting on, or reviewing a case where the
member’s his or her employee or employer is:
1. an applicant or agent for an applicant, or
2. has a direct interest in the outcome.
2. If there is a question whether a conflict of interest exists or not, the
question shall be put before the Commission. Whether a conflict of
interest exists or not shall be determined by a majority vote of the
remaining members of the Commission.
3. When a conflict of interest exists, the member of the Commission, or
committee, shall do all of the following immediately, upon first
knowledge of the case and determining that a conflict exists:
a. declare a conflict exists at the next meeting of the Commission or
committee:
b. cease to participate at the Commission or committee meetings, or
in any other manner, or represent one's self before the
Commission, its staff, or others, and
c. during deliberation of the agenda item before the Commission or
committee, leave the meeting or remove one's self from the front
table where members of the Commission sit, until that agenda item
is concluded.
4. If a member of the Commission is appointed or elected to another office,
which is an incompatible office with his or her membership on the
Commission, the assumption of that office shall result in an automatic
resignation from the Commission. If a member of another office is
appointed to the Commission, which is an incompatible office with his or
her membership in the other office, then on the effective date of the
appointment to the Commission, that shall result in an automatic
resignation from the other office.
3. DUTIES OF ALL MEMBERS
A. Ex Parte contact
1. Members shall avoid Ex Parte contact about cases where an administrative
decision is before the commission whenever possible.
2. Despite one’s best efforts it is sometimes not possible to avoid Ex Parte
contact. When that happens, the member shall take detailed notes on what
was said and report to the Commission at a public meeting or hearing what
was said, so that every member and other interested parties are made
aware of what was said.
B. Site Inspections
2 of [XX]
Page 17 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]
1. Individual members are encouraged to independently visit sites under
consideration; and to share their findings with the membership at the
public meeting or hearing on that site.
2. If deemed necessary, the entire Commission may visit the site as a body as
long as the intended site-visit is properly posted to allow the public to
attend.
C. Not Voting On the Same Issue Twice.
Any member of the Commission shall avoid situations where they are sitting in
judgment and voting on a decision which they had a part in making.
D. Accepting gifts.
Gifts shall not be accepted by a member of the Commission or liaisons from
anyone connected with an agenda item before the Commission.
E. Spokesperson for the Commission.
1. Free and open debate shall take place on issues before the Commission.
Such debate shall only occur at meetings of the Commission.
2. Once a vote is taken and an issue is decided by vote, the duty of each
member of the Commission is to represent the position reflected by the
outcome of the vote. Minority reports and requests for reconsideration
may take place only at an open meeting of the Commission.
3. From time-to-time, or on a specific issue the Commission Chair shall act
as the spokesperson for the Commission for all matters which occur
outside of the meetings of the Commission.
4. OFFICERS
A. Selection. At the first meeting of the calendar year, the Commission shall select
from its membership a Chair, Vice-Chair, Secretary. All officers are eligible for
reelection. In the event the office of the Chair becomes vacant, the Vice-Chair
shall succeed to this office for the unexpired term and the Commission shall select
a successor to the office of Vice-Chair for the unexpired term.
B. Tenure. The Chair, Vice-Chair and Secretary shall take office at the second
meeting of the calendar year following their selection and shall hold office for a
term of one year or until their successors are selected and assume office.
C. Chair's Duties.
1. Preside at all meetings under parliamentary procedure as described
Roberts Rules of order and conduct them;
2. Shall rule out of order any irrelevant remarks; remarks which are personal;
remarks about another's race, religion, sex, physical condition, ethnic
background, beliefs, or similar topics; profanity; or other remarks which
are not about the topic before the Commission;
3. Restate all motions as pursuant to Section 5.E of these Bylaws;
4. Appoint committees;
5. Appoint officers of committees or choose to let the committees select their
own officers.
6. May call special meetings pursuant to Section 5.B of these Bylaws;

3 of [XX]
Page 18 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]
7. Act as member and Chair of the Executive Committee pursuant to Section
7.A of these Bylaws;
8. Act as an Ex-Officio member of all committees of the Commission;
9. Appoint an Acting-Secretary in the event the Secretary is absent from a
Commission meeting.
10. Review with the Secretary or staff, prior to a Commission meeting, the
items to be on the agenda if he or she so chooses;
11. Act as the Commission's chief spokesman to represent the Commission at
local, regional, and state government levels.
12. Represent the Commission, before the County Board of Commissioners;
and
13. Perform such other duties as may be ordered by the Commission.
D. Vice-Chair’s Duties. The Vice-Chair shall:
1. Act in the capacity of Chair, with all the powers and duties found in
Section 4.C of these Rules, in the Chair's absence;
2. Act as member and Vice Chair of the Executive Committee pursuant to
Section 7.A of these Rules; and
3. Perform such other duties as may be ordered by the Commission.
E. Secretary’s Duties. The Secretary shall:
Execute documents in the name of the Commission;
Be responsible for the minutes of each meeting, pursuant to section 6.A of
these Bylaws if there is not a recording secretary.
Review the draft of the minutes and sign them,
1. Perform such other duties as may be ordered by the Commission.
2. Act as member and Secretary of the Executive Committee pursuant to
Section 7.A of these Bylaws.
F. Recording Secretary’s Duties. The Recording Secretary or their designee shall
not be a member of the commission or any of its committees, and shall:
1. At each meeting take notes for minutes and prepare a first draft of minutes
pursuant to section 6.A of these Bylaws for review and signature by the
Secretary; and
2. Perform such other duties as may be ordered by the Commission or
secretary.
3. Ensure that copies of minutes are distributed to each member of the
Commission prior to the next meeting of the Commission (the Secretary
may delegate this duty to Commission staff);
4. Receive all communications, petitions, and reports to be addressed by the
Commission, delivered or mailed to the Secretary in care of the Planning
Department Office;
5. Provide notice to the public and members of the Commission for all
regular and special meetings, pursuant to the Open Meetings Act, P.A. 267
of 1976, as amended, M.C.L. 15.261 et seq. (the Secretary may delegate
this duty to Commission staff);
6. Prepare an agenda for Commission meetings pursuant to Section 5.K of
these Bylaws (the Secretary may delegate this duty to Commission staff);

4 of [XX]
Page 19 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]
7. Submit minutes for approval to the Commission and have them spread in
suitable volumes.
5. MEETINGS
A. Regular meetings. Meetings of the Commission will be held as set and posted
by the Commission.
When the regular meeting day falls on a legal holiday, the Commission shall
select a suitable alternate day. An annual notice of regularly scheduled
Commission meetings shall comply with the Michigan Open Meetings.
B. Special Meetings. Special meetings shall be called in the following manner:
1. By the Chair.
2. By any two members of the Commission.
3. By the Chair at the request of any non-member of the commission, upon
payment of a non-refundable fee to cover costs of the special meeting.
The fee shall be calculated as follows: The current amount of per diem
paid times the total number on the Commission, regardless if they attend
the meeting or not.
4. Notice of special meetings shall be given by the Secretary to members of
the Commission at least forty eight (48) hours prior to such meeting and
shall state the purpose, time, day, month, date, year and location of the
meeting (the Secretary may delegate this function to staff). In addition
notices shall comply with P.A. 267 of 1976, as amended, (being the
Michigan Open Meetings Act M.C.L. 15.261 et seq.).
C. Recess. The Chair, or the Commission, after the meeting has been in session for
two hours (not including site inspections), shall suspend the Commission’s
business and evaluate the remaining items on its agenda.
The commission shall then decide to finish that meetings agenda, may act to
continue the meeting on another day (fix the time at which to adjourn), or
complete some agenda items and continue the meeting on another day to complete
other agenda items or postpone certain agenda items to the next meeting.
If applicable such action shall include the time, day, month, date, year, and
location the Commission will reconvene. If more than 18 hours will pass before
the reconvened Commission, public notice shall be given to comply with P.A. 267
of 1976, as amended, (being the Michigan Open Meeting Act M.C.L. 15.261 et
seq.).
Upon reconvening, a roll call of attendance shall be the first item of business
before proceeding with the same agenda. The commission shall resume with the
same meeting agenda, proceeding at the same point where they left off, without
the addition of additional business.
D. Quorum. More than half the total number of seats for members of the
Commission, regardless if vacancies exist or not, shall constitute a quorum for the
transaction of business and the taking of official action for all matters before the
5 of [XX]
Page 20 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]
Commission. Whenever a quorum is not present at a regular or special meeting,
those present shall adjourn the meeting to another day.
E. Motions.
1. Motions shall be restated by the Chair before a vote is taken.
2. Findings of Fact. All actions taken in an administrative capacity shall
include each of the following parts.
a. A finding of fact, listing what the Commission determines to be
relevant facts in the case.
b. Conclusions to list reasons based on the facts for the
Commission's action, often directly related, or not, to a finding of
compliance, or noncompliance, to standards.
c. The Commission's action; recommendation or position, approval,
approval with conditions, or disapproval.
F. Voting. Voting shall be by voice and shall be recorded as passing or failing. Roll
call votes will be recorded only upon request by of a member of the Commission
and shall be recorded by "yes" or "no".
Members must be present to cast a vote. Voting by proxy shall not occur. The
affirmative vote of a majority of those present or a majority of a quorum,
whichever is greater, shall be necessary for the adoption of motions. The
affirmative vote of a majority of the total number of seats for members of the
Commission, regardless if vacancies or absences exist or not, shall be necessary
for the adoption, or recommendation for adoption, of any plan or amendment to a
plan.
G. Commission Action. Action by the Commission on any matter on which a
hearing is held shall not be taken until the hearing has been concluded.
H. Public Participation. All regular and special meetings, hearings, records,
and accounts shall be open to the public.
All public comment shall be presented at the beginning of the meeting where
provided in the printed agenda. During Public Comment, an opportunity
shall be afforded to any member of the public in attendance to deliver their
comments to the Planning Commission. These comments will be limited to a
maximum of three (3) minutes. Comments should be made directly to the
Planning Commission. Discussions with the audience during the public
participation section of the agenda may only be allowed at the discretion of
the Chair. The Chair may ask members of the audience to caucus with others
sharing similar positions so they may select a single spokesperson.
All regular and special meetings, hearings, records, and accounts shall be open to
the public.
All public comment on all agenda items shall be presented at the beginning of the
meeting where provided in the printed agenda. After that point during the
meeting, public comment is normally not allowed; however, sometimes the
Commission may direct questions to members of the public. Public comment is at
6 of [XX]
Page 21 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]
the beginning of the meeting so the Commission can hear concerns and questions
before acting on an issue.
The Chair may limit the amount of time allowed for each person wishing to make
public comment at a Commission meeting. The Chair may ask members of the
audience to caucus with others sharing similar positions so they may select a
single spokesperson.
I. Consensus Business. Certain items of business before the Commission are
routine matters where no discussion normally occurs or is expected to occur and a
consensus for adoption normally occurs or is expected to occur.
The individual preparing the agenda may mark such items on the agenda as a
Consent Item, if that individual feels it qualifies as consensus business.
The agenda or material presented on the issue shall indicate the proposed action
(approve, disapprove, no comment, approve with modification).
First, any Consent Item can be removed by request of a member. It is
automatically removed if discussed during Public Participation. Second, a motion
to adopt the Consent Items can be made, in effect adopting all agenda items still
included as Consent Items. The approval of minutes and the expense report shall
be proposed on the agenda as Consent Items.
Consensus business can be proposed for any item on the agenda, but shall never
include any of the following:
1. Items of business which are listed in Section 11 (HEARINGS) of these
bylaws.
2. Review of plans and zoning ordinances, or any part or amendment thereto.
3. Action on special use permits, planned unit developments, site plans, and
similar administrative actions.
4. Election of officers.
5. Any item not printed on the agenda which is delivered, along with
adequate supporting information, to Commissioners prior to the meeting.
The motion to adopt Consent items in the minutes shall clearly list each
item and indicate its action/disposition.
J. Delivery of Agenda. The agenda and accompanying materials shall be forwarded
to Commission members so it is reasonably expected to be received prior to the
weekend prior to the regular meeting date, generally accepted to be, but not
always, the week prior to the Commission meeting, pursuant to section 5.A.
K. Placement of Items on the Agenda.
1. The County Administrator’s Office shall be the office of record for the
Commission.
2. The [County Administrator’s Office may receive items on behalf of the
Commission between the time of the adjournment of the previous
Commission meeting and eight business days prior to the next regularly
scheduled Commission meeting.
7 of [XX]
Page 22 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]
3. Items received by the County Administrator’s Office between seven days
prior to the next regularly scheduled Commission meeting and the next
regularly scheduled Commission meeting shall be set aside to be received
by the Commission at its next regularly scheduled Commission meeting.
The Commission may act on those items of a minor nature or table action
to the subsequent regular or special Commission meeting. Those items of
a major nature, or items normally receiving staff review, analysis, or
recommendation shall be tabled until the subsequent regular or special
Commission meeting.
4. The deadline to add items to the Commission's meeting agenda shall be
seven days prior to the next regularly scheduled Commission meeting.
6. RECORD
A. Minutes and Record. The Commission’s Recording Secretary shall keep, or
cause to be kept, a record of Commission meetings, which, shall at a minimum
include an indication of the following:
1. Copy of the meeting posting pursuant to P.A. 267 of 1976, as amended,
(being the Michigan Open Meetings Act, M.C.L. 15.261 et seq.)
2. Copy of the minutes, and all its attachments which shall include a
summary of the meeting, in chronological sequence of occurrence:
a. Time and place the meeting was called to order.
b. Attendance.
c. Indications of others present (listing names if others choose to sign
in and/or a count of those present).
d. Summary or text of points of all reports (including reports of what
was seen and discussed at a site inspection) given at the meeting,
and who gave the report and in what capacity. An alternative is to
attach a copy of the report if offered in writing.
e. Summary of all points made in public participation or at a hearing
by the applicant, officials, and guests and an indication of who
made the comments. An alterative is to attach a copy of the
public’s statement, petition, or letter if it is provided in written
form.
f. Full text of all motions introduced, whether seconded or not, who
made the motion and who seconded the motion. For each motion,
the following shall be included:
1. Reasons for the decision made.
2. The decision (e.g. approve, deny, approve with
modification).
3. A list of all recommendations, if any.
g. The type of vote and its outcome. If a roll call vote, indicate who
voted yes, no, abstained or a statement the vote was unanimous. If
not a roll call vote, then simply a statement: “the motion
passed/failed after a voice vote.”
h. That a person making a motion withdrew it from consideration.
i. All the Chair's rulings.
8 of [XX]
Page 23 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]
j. All challenges, discussion and vote/outcome on a Chair's ruling.
k. All parliamentary inquiries or point of order.
l. When a voting member enters or leaves the meeting.
m. When a voting member or staff member has a conflict of interest
and when the voting member ceases and resumes participation in
discussion, voting and deliberations at a meeting.
n. All calls for an attendance count, the attendance, and ruling if a
quorum exists or not.
o. The start and end of each recess.
p. All Chair's rulings of discussion being out of order.
q. Full text of any resolutions offered.
r. Summary of announcements.
s. Summary of informal actions, or agreement on consensus.
t. Time of adjournment.
3. Records of any action, support documents, maps, site plans, photographs,
correspondence received, attached as an appendix to the minutes.
B. Retention. Commission records shall be preserved and kept on file according to
the following schedule:
1. Minutes, bonds, oaths of officials, zoning ordinances, master or
compressive plans, other records of decisions, Commission or department
publications: Permanent.
2. Correspondence: Permanent.
7. COMMITTEES
A. Executive Committee
The Executive Committee shall be a standing committee of the Commission. Its
membership shall be the Chair, Vice-Chair, and Secretary of the Commission and
they shall hold the same offices on the committee.
B. Ad Hoc Committees. The Commission or Chair may establish and appoint ad
hoc committees for special purposes or issues, as deemed necessary. Less than a
quorum may serve on an ad hoc committee at any given time.
C. Citizen Committees. The Chair may establish and appoint citizen committees
with the consent of the Commission. Membership can be any number, so long as
less than a quorum of the Commission serve on a citizen committee at any given
time. The purpose of the citizen committee is to have more citizen and municipal
government involvement, to be able to use individuals who are knowledgeable or
expert in the particular issue before the Commission and to better represent
various interest groups in the County [local unit of government].
8. RULES OF PROCEDURE FOR ALL COMMITTEES
A. Subservient to the Commission. All committees are advisory to the
Commission and report their recommendations to the Commission for review and
action.
B. Same Principles. The same principles of these Bylaws for the Commission also
apply to all committees of the Commission.
9 of [XX]
Page 24 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]
9. INTERGOVERNMENTAL COORDINATION
The Commission shall encourage and support intergovernmental coordination of all
related planned activities among the state, federal, and municipal governments
concerned.
10. MILEAGE AND PER DIEM
A. Mileage and per diem shall be paid to members of the Commission for regular
Commission meetings at rates established by the Board of Commissioners for
attending Commission meetings and other authorized meetings and trips to
represent the Cass County Board of Commissioners, if those Commission
members bill the Cass County Board of Commissioners for the same.
Only mileage shall be paid for attendance at ad hoc committee meetings, if those
Commission members bill the Cass County Board of Commissioners for the
same. No mileage or per diem is paid to any members of a citizen committee,
unless authorized and budgeted by the Cass County Board of Commissioners with
recommendation by the Commission.
11. HEARINGS
A. Plan Hearings. Before the adoption of any part of a plan, as defined in the
Planning Act, or any amendment to a plan, or recommending approval of an
amendment to the Board of Commissioners, the Commission shall hold a public
hearing on the matter. Notice of the time and place of the hearing shall be given,
not less than 15 days prior to such hearing, by at least one publication in each
newspaper of general circulation.
B. Special Hearings. Notice of special hearings for the purposes of presenting
preliminary master plans, obtaining public opinion on a problem, or discussion of
a particular problem with interested parties will be given in the most practical
manner and to persons, or group representatives most interested, and as required
by the Planning Act, Zoning Act, and relevant local zoning ordinance.
C. Notice of Decision. A written notice containing the decision of the Commission
will be sent to petitioners and originators of a request for the Commission to study
a special problem.
12. PLAN REVIEWS
A. The Commission shall review all adjacent, or contiguous, local government plans
(township, village, and city), adjacent county plans, local governments
government plans (township, village, and city plans) within the boundaries
serviced by the Commission, and the county plans in which the Commission’s
service area is located.
B. Action shall be in the form of a motion which contains (or is included in the
minutes) a finding of fact, conclusions as to a list of reasons for the action, and the
Commission's advisory action, pursuant to section 5.E.2 of these Bylaws.
C. The review shall focus on:
1. First and foremost, the process is intended to increase coordination of
planning between governments.
2. Consistencies or inconsistencies with your government’s plan(s) for
matters such as:
a. Border issues
10 of [XX]
Page 25 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]
b.
c.
d.
e.

Issues of greater than local concern
Comparison with local plan contents
Comparison with county/regional plan contents
Comparison to other relevant adopted plans (such as an historic
preservation plan, local wetland protection plan, TIF or Brownfield
Redevelopment plan, etc.).
f. Comparison to various implementation strategies.
3. If the county planning commission considered the proposed plan
inconsistent with the plan of any city, village, township, or region that
received a copy of the draft plan (or amendment).
4. If the county planning commission considers the draft plan (or
amendment) to be inconsistent with a county plan(s), if any.
5. Action by the Commission shall be based on, in part, a review of possible
boundary conflicts between the plans of two municipalities. If a boundary
conflict is found to exist the following shall apply:
a. The assumption is made that there shall not be any provision of a
municipal plan which is in conflict with the county plan.
b. The Commission shall use compliance with the county plan as its
main tool for purposes of coordination of the proposed plans with
the plans of municipalities having a common boundary. If a
conflict is found to exist, it is not proper to assume the proposed
plan is the problem. The problem could be the municipality which
is adjacent to the municipality for which the plan is being
reviewed. The problem could be both plans.
c. The criteria to determine which municipality has the plan which
causes the boundary conflict shall be the Commission’s finding of
compliance with the county plan. The municipality (or both
municipalities) not in compliance with the county plan shall be
deemed to have the plan which contributes to the boundary
conflict.
D. The review shall be in the form of a letter and shall take into account:
1. Respect for the idea that the submission and review stages are near the end
of a plan adoption process. A community may be ready to adopt and
others may be waiting for the task to be done. Do not extend the adoption
more than necessary.
2. Focus only on significant issues, in a clear and well documented way.
Suggest solutions rather than only pointing out what is wrong.
3. Be clear and document statements to improve the quality of planning for
the entire area. This process is to improve coordinated planning, not to
undermine relationships or exacerbate tensions between governments.
4. Include mutual respect of others, so the comments are factual, objective,
and based on sound planning principles.
13. TOWNSHIP ZONING REVIEWS
A. The Commission shall review all zoning ordinances and zoning amendments for
townships within the county.

11 of [XX]
Page 26 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]
B. Action shall be in the form of a motion which contains (or is included in the
minutes) a finding of fact, conclusions as to a list of reasons for the action, and the
Commission's advisory action, pursuant to section 5.E.2 of these Bylaws.
C. Following a public hearing for a proposed township zoning ordinance under
MCL 125.3306 the Commission shall receive the proposed zoning ordinance,
including any zoning maps as required by MCL 125.3307(1) from the
township for review and recommendation.
D. The Commission requests that townships also submit the follow supporting
materials to assist the review process:
1. Signed cover letter requesting review and summarizing the process
which has already occurred;
2. Copy of the public hearing minutes;
3. For petitions for rezoning, a copy of the petition with the map(s)
showing zoning of adjoining properties within 300 ft. for which action
was taken and the parcel(s) of consideration and roads need to be
clearly identified and labeled. If not included on the petition, the
cover letter should indicate acreage, existing zoning, requested zoning,
existing use and proposed use;
4. If any provision of public services is or will be involved, include
correspondence from the affected unit expressing its awareness.
Township zoning, which shall be submitted with the following information:
5. The text of the proposed ordinance,
6. The map for the proposed ordinance,
7. A letter indicating:
a. proper procedure for adoption and
b. the ordinance has been reviewed against all other applicable
statutes and law, and
c. the ordinance is appropriately drafted for use as a legal/ordinance
document.
E. Action by the Commission shall be based, in part, on a review of possible
boundary conflicts between the zoning of two municipalities. If a boundary
conflict is found to exist the conflict shall be identified and recommendations
made for the township to reconsider, or for the County Planning Commission to
consider amendments to its own plan.
1. The review shall be in the form of a letter sent to the township or
municipality.
14. OTHER MATTERS TO BE CONSIDERED BY THE COMMISSION
A. Commission Action. The following matters shall be presented for consideration
at a meeting of the Commission:
1. At least annually, the adoption of priorities for the Commission's plan of
work.
2. Annually, preparation of an annual report of the Commission.
3. Office, or Administrative Policy and ruling of interpretation of regulations
by the Commission or its staff.
4. All Planning reports and plans before publication.
12 of [XX]
Page 27 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]
5. Planning Commission's budget requirements for the fiscal year and request
for appropriation.
6. Selection of consultants.
7. Such other matters as the Chairperson shall find it advisable or essential to
receive consideration by the Commission.
15. ADOPTION, REPEAL, AMENDMENTS
A. Upon adoption of these Bylaws of [date], they shall become effective and all
previous Bylaws, shall be repealed.
B. The Commission may suspend any one of these Bylaws, for a duration of not
more than one agenda item or meeting.
C. These Bylaws may be amended at any regular or special meeting by a two-thirds
(⅔) vote of the members present.

13 of [XX]
Page 28 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]

Notes on Proposed Amendments
Formatting
The formatting and section labeling has been changed to correct minor errors and improve
readability.
(Examples: MEMBERSHIP section had two parts labeled A, proposed amendments have them
now as a and B. The section titled “OTHER MATTERS TO BE CONSIDERED BY THE
BOARD” was numbered 16 in the current bylaws and proposed amendments have them number
14 now.)

Membership-Attendance
Replaced language with something much simpler that points the County’s exiting policy per the
September discussion. Please review Cass County’s Boards, Committees and Commissions
Attendance Policy.

Officers-Secretary/Recording Secretary
At the September meeting there was discussion about eliminating the position of Secretary
entirely and only having a Recording Secretary. Apologies, I did not remember MCL
125.3817(1) which states, “ A planning commission shall elect a chairperson and secretary from
its members…”
With that in mind I am proposing amending the bylaws to still have a Secretary elected from
members, but with minimal duties (“Perform such other duties as may be ordered by the
Commission” and “Act as member and Secretary of the Executive Committee pursuant to
Section 7.A of these Bylaws”
Added “or their designee” language to Recording Secretary duties.
Struck out language under Recording Secretary’s duties that called for the Recording Secretary
to send draft minutes to a Secretary for signature per September discussions about scaling back
Secretary.
Struck out language under Recording Secretary Duties about the secretary delegating to
commission staff.

14 of [XX]
Page 29 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 MARKUP]

Meetings-Public Participation
Struck out existing language and replaced with the proposed language from the September
meeting with a change in time from 5 to three minutes, and changing “expressly forbidden by the
chair” to “may only be allowed at the discretion of the Chair”.

Township Zoning Reviews
Struck out part C that listed what a township “Shall” submit and replaced wit ha new part C that
talk about the Commission responsibility to receive the proposed zoning from townships with
statute citations to encourage townships. Then added a part D that lists the materials we will be
requesting a township submit in addition to the proposed amendment and maps.
I believe that means our Submission Form on the website would need to collect
• Signed Cover Letter
• Public Hearing Minutes
• Zoning Ordinance/Text Changes/Petition for Rezoning
• Zoning Maps
• Does the action taken by the Township concur with the Township Ordinance, Zoning
Map and/or Land Use Master Plan for that property?
• Will any provision of public services be involved?
o Correspondence regarding public services
• Meeting Attendance
Potentially some language at the top like:
When submitting material to the Cass County Planning Commission for review, please use the
form below in order to ensure all documents necessary for review are submitted. The Cass
County Planning Commission will be using these documents to inform their discussion and
provide their review. Thank you for helping the Commission provide meaningful reviews to the
townships.

Committees-Citizen Committees
Cleaned up a little formatting in this on and filled in a blank that was left blank.

15 of [XX]
Page 30 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]

County of Cass, Michigan
Cass County Planning Commission
BYLAWS
[DATE]

1. NAME PURPOSE
A. The name of this commission shall be the Cass County Planning Commission,
hereafter known as the "Commission".
B. These Bylaws are adopted by the Commission to facilitate the performance of its
duties as outlined in P.A. 33 of 2008, as amended, being the Michigan Planning
Enabling Act, (M.C.L. 125.3801 et seq.), hereinafter “the Planning Act.”
2. MEMBERSHIP
A. Members. Members of the Commission are appointed by the Cass County Board
of Commissioners pursuant to the Cass County Board of Commissioners
Resolution dated February 23, 1995 as amended October 21, 2004 and the
requirements of the Planning Act.
B. Attendance. Members of the Commission shall abide by Cass County’s Boards,
Committees and Commissions Attendance Policy.
C. Training. Each member shall complete one training session in planning and
zoning as determined by the Board of Commissioners (M-116-08).
D. Incompatibility of Office
1. Each member of the Commission shall avoid conflicts of interest and/or
incompatibility of office. As used here, a conflict of interest shall at a
minimum include, but not necessarily be limited to, the following:
a. Issuing, deliberating on, voting on, or reviewing a case concerning
themselves.
b. Issuing, deliberating on, voting on, or reviewing a case concerning
work on land owned by the member or which is adjacent to land
owned by the member and/or land which is within 300 feet of the
member’s property.
c. Issuing, deliberating on, voting on, or reviewing a case involving a
corporation, company, partnership, or any other entity in which the
member is a part owner, or any other relationship where the
member may stand to have a financial gain or loss.
d. Issuing, deliberating on, voting on, or reviewing a case which is an
action which results in a pecuniary benefit to the member.
e. Issuing, deliberating on, voting on, or reviewing a case concerning
the member’s spouse, children, step-children, grandchildren,
parents, siblings, grandparents, parents in-law, grandparents inlaw, or members of the member’s household.
f. Issuing, deliberating on, voting on, or reviewing a case where the
member’s employee or employer is:
1 of 12
Page 31 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]
1. an applicant or agent for an applicant, or
2. has a direct interest in the outcome.
2. If there is a question whether a conflict of interest exists or not, the
question shall be put before the Commission. Whether a conflict of
interest exists or not shall be determined by a majority vote of the
remaining members of the Commission.
3. When a conflict of interest exists, the member of the Commission, or
committee, shall do all of the following immediately, upon first
knowledge of the case and determining that a conflict exists:
a. declare a conflict exists at the next meeting of the Commission or
committee:
b. cease to participate at the Commission or committee meetings, or
in any other manner, or represent one's self before the
Commission, its staff, or others, and
c. during deliberation of the agenda item before the Commission or
committee, leave the meeting or remove one's self from the front
table where members of the Commission sit, until that agenda item
is concluded.
4. If a member of the Commission is appointed or elected to another office,
which is an incompatible office with his or her membership on the
Commission, the assumption of that office shall result in an automatic
resignation from the Commission. If a member of another office is
appointed to the Commission, which is an incompatible office with his or
her membership in the other office, then on the effective date of the
appointment to the Commission, that shall result in an automatic
resignation from the other office.
3. DUTIES OF ALL MEMBERS
A. Ex Parte contact
1. Members shall avoid Ex Parte contact about cases where an administrative
decision is before the commission whenever possible.
2. Despite one’s best efforts it is sometimes not possible to avoid Ex Parte
contact. When that happens, the member shall take detailed notes on what
was said and report to the Commission at a public meeting or hearing what
was said, so that every member and other interested parties are made
aware of what was said.
B. Site Inspections
1. Individual members are encouraged to independently visit sites under
consideration; and to share their findings with the membership at the
public meeting or hearing on that site.
2. If deemed necessary, the entire Commission may visit the site as a body as
long as the intended site-visit is properly posted to allow the public to
attend.
C. Not Voting On the Same Issue Twice.
Any member of the Commission shall avoid situations where they are sitting in
judgment and voting on a decision which they had a part in making.
2 of 12
Page 32 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]
D. Accepting gifts.
Gifts shall not be accepted by a member of the Commission or liaisons from
anyone connected with an agenda item before the Commission.
E. Spokesperson for the Commission.
1. Free and open debate shall take place on issues before the Commission.
Such debate shall only occur at meetings of the Commission.
2. Once a vote is taken and an issue is decided by vote, the duty of each
member of the Commission is to represent the position reflected by the
outcome of the vote. Minority reports and requests for reconsideration
may take place only at an open meeting of the Commission.
3. From time-to-time, or on a specific issue the Commission Chair shall act
as the spokesperson for the Commission for all matters which occur
outside of the meetings of the Commission.
4. OFFICERS
A. Selection. At the first meeting of the calendar year, the Commission shall select
from its membership a Chair, Vice-Chair, Secretary. All officers are eligible for
reelection. In the event the office of the Chair becomes vacant, the Vice-Chair
shall succeed to this office for the unexpired term and the Commission shall select
a successor to the office of Vice-Chair for the unexpired term.
B. Tenure. The Chair, Vice-Chair and Secretary shall take office at the second
meeting of the calendar year following their selection and shall hold office for a
term of one year or until their successors are selected and assume office.
C. Chair's Duties.
1. Preside at all meetings under parliamentary procedure as described
Roberts Rules of order and conduct them;
2. Shall rule out of order any irrelevant remarks; remarks which are personal;
remarks about another's race, religion, sex, physical condition, ethnic
background, beliefs, or similar topics; profanity; or other remarks which
are not about the topic before the Commission;
3. Restate all motions as pursuant to Section 5.E of these Bylaws;
4. Appoint committees;
5. Appoint officers of committees or choose to let the committees select their
own officers.
6. May call special meetings pursuant to Section 5.B of these Bylaws;
7. Act as member and Chair of the Executive Committee pursuant to Section
7.A of these Bylaws;
8. Act as an Ex-Officio member of all committees of the Commission;
9. Appoint an Acting-Secretary in the event the Secretary is absent from a
Commission meeting.
10. Review with the Secretary or staff, prior to a Commission meeting, the
items to be on the agenda if he or she so chooses;
11. Act as the Commission's chief spokesman to represent the Commission at
local, regional, and state government levels.
12. Represent the Commission, before the County Board of Commissioners;
and
3 of 12
Page 33 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]
13. Perform such other duties as may be ordered by the Commission.
D. Vice-Chair’s Duties. The Vice-Chair shall:
1. Act in the capacity of Chair, with all the powers and duties found in
Section 4.C of these Rules, in the Chair's absence;
2. Act as member and Vice Chair of the Executive Committee pursuant to
Section 7.A of these Rules; and
3. Perform such other duties as may be ordered by the Commission.
E. Secretary’s Duties. The Secretary shall:
1. Perform such other duties as may be ordered by the Commission.
2. Act as member and Secretary of the Executive Committee pursuant to
Section 7.A of these Bylaws.
F. Recording Secretary’s Duties. The Recording Secretary or their designee shall
not be a member of the commission or any of its committees, and shall:
1. At each meeting take notes for minutes and prepare a first draft of minutes
pursuant to section 6.A of these Bylaws;
2. Perform such other duties as may be ordered by the Commission or
secretary;
3. Ensure that copies of minutes are distributed to each member of the
Commission prior to the next meeting of the Commission;
4. Receive all communications, petitions, and reports to be addressed by the
Commission, delivered or mailed to the Secretary in care of the Planning
Department Office;
5. Provide notice to the public and members of the Commission for all
regular and special meetings, pursuant to the Open Meetings Act, P.A. 267
of 1976, as amended, M.C.L. 15.261 et seq.;
6. Prepare an agenda for Commission meetings pursuant to Section 5.K of
these Bylaws;
7. Submit minutes for approval to the Commission and have them spread in
suitable volumes.
5. MEETINGS
A. Regular meetings. Meetings of the Commission will be held as set and posted
by the Commission.
When the regular meeting day falls on a legal holiday, the Commission shall
select a suitable alternate day. An annual notice of regularly scheduled
Commission meetings shall comply with the Michigan Open Meetings.
B. Special Meetings. Special meetings shall be called in the following manner:
1. By the Chair.
2. By any two members of the Commission.
3. By the Chair at the request of any non-member of the commission, upon
payment of a non-refundable fee to cover costs of the special meeting.
The fee shall be calculated as follows: The current amount of per diem
paid times the total number on the Commission, regardless if they attend
the meeting or not.

4 of 12
Page 34 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]
4. Notice of special meetings shall be given by the Secretary to members of
the Commission at least forty eight (48) hours prior to such meeting and
shall state the purpose, time, day, month, date, year and location of the
meeting (the Secretary may delegate this function to staff). In addition
notices shall comply with P.A. 267 of 1976, as amended, (being the
Michigan Open Meetings Act M.C.L. 15.261 et seq.).
C. Recess. The Chair, or the Commission, after the meeting has been in session for
two hours (not including site inspections), shall suspend the Commission’s
business and evaluate the remaining items on its agenda.
The commission shall then decide to finish that meetings agenda, may act to
continue the meeting on another day (fix the time at which to adjourn), or
complete some agenda items and continue the meeting on another day to complete
other agenda items or postpone certain agenda items to the next meeting.
If applicable such action shall include the time, day, month, date, year, and
location the Commission will reconvene. If more than 18 hours will pass before
the reconvened Commission, public notice shall be given to comply with P.A. 267
of 1976, as amended, (being the Michigan Open Meeting Act M.C.L. 15.261 et
seq.).
Upon reconvening, a roll call of attendance shall be the first item of business
before proceeding with the same agenda. The commission shall resume with the
same meeting agenda, proceeding at the same point where they left off, without
the addition of additional business.
D. Quorum. More than half the total number of seats for members of the
Commission, regardless if vacancies exist or not, shall constitute a quorum for the
transaction of business and the taking of official action for all matters before the
Commission. Whenever a quorum is not present at a regular or special meeting,
those present shall adjourn the meeting to another day.
E. Motions.
1. Motions shall be restated by the Chair before a vote is taken.
2. Findings of Fact. All actions taken in an administrative capacity shall
include each of the following parts.
a. A finding of fact, listing what the Commission determines to be
relevant facts in the case.
b. Conclusions to list reasons based on the facts for the
Commission's action, often directly related, or not, to a finding of
compliance, or noncompliance, to standards.
c. The Commission's action; recommendation or position, approval,
approval with conditions, or disapproval.
F. Voting. Voting shall be by voice and shall be recorded as passing or failing. Roll
call votes will be recorded only upon request by of a member of the Commission
and shall be recorded by "yes" or "no".
Members must be present to cast a vote. Voting by proxy shall not occur. The
5 of 12
Page 35 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]
affirmative vote of a majority of those present or a majority of a quorum,
whichever is greater, shall be necessary for the adoption of motions. The
affirmative vote of a majority of the total number of seats for members of the
Commission, regardless if vacancies or absences exist or not, shall be necessary
for the adoption, or recommendation for adoption, of any plan or amendment to a
plan.
G. Commission Action. Action by the Commission on any matter on which a
hearing is held shall not be taken until the hearing has been concluded.
H. Public Participation. All regular and special meetings, hearings, records, and
accounts shall be open to the public.
All public comment shall be presented at the beginning of the meeting where
provided in the printed agenda. During Public Comment, an opportunity shall be
afforded to any member of the public in attendance to deliver their comments to
the Planning Commission. These comments will be limited to a maximum of
three (3) minutes. Comments should be made directly to the Planning
Commission. Discussions with the audience during the public participation
section of the agenda may only be allowed at the discretion of the Chair. The
Chair may ask members of the audience to caucus with others sharing similar
positions so they may select a single spokesperson.
I. Consensus Business. Certain items of business before the Commission are
routine matters where no discussion normally occurs or is expected to occur and a
consensus for adoption normally occurs or is expected to occur.
The individual preparing the agenda may mark such items on the agenda as a
Consent Item, if that individual feels it qualifies as consensus business.
The agenda or material presented on the issue shall indicate the proposed action
(approve, disapprove, no comment, approve with modification).
First, any Consent Item can be removed by request of a member. It is
automatically removed if discussed during Public Participation. Second, a motion
to adopt the Consent Items can be made, in effect adopting all agenda items still
included as Consent Items. The approval of minutes and the expense report shall
be proposed on the agenda as Consent Items.
Consensus business can be proposed for any item on the agenda, but shall never
include any of the following:
1. Items of business which are listed in Section 11 (HEARINGS) of these
bylaws.
2. Review of plans and zoning ordinances, or any part or amendment thereto.
3. Action on special use permits, planned unit developments, site plans, and
similar administrative actions.
4. Election of officers.

6 of 12
Page 36 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]
5. Any item not printed on the agenda which is delivered, along with
adequate supporting information, to Commissioners prior to the meeting.
The motion to adopt Consent items in the minutes shall clearly list each
item and indicate its action/disposition.
J. Delivery of Agenda. The agenda and accompanying materials shall be forwarded
to Commission members so it is reasonably expected to be received prior to the
weekend prior to the regular meeting date, generally accepted to be, but not
always, the week prior to the Commission meeting, pursuant to section 5.A.
K. Placement of Items on the Agenda.
1. The County Administrator’s Office shall be the office of record for the
Commission.
2. The [County Administrator’s Office may receive items on behalf of the
Commission between the time of the adjournment of the previous
Commission meeting and eight business days prior to the next regularly
scheduled Commission meeting.
3. Items received by the County Administrator’s Office between seven days
prior to the next regularly scheduled Commission meeting and the next
regularly scheduled Commission meeting shall be set aside to be received
by the Commission at its next regularly scheduled Commission meeting.
The Commission may act on those items of a minor nature or table action
to the subsequent regular or special Commission meeting. Those items of
a major nature, or items normally receiving staff review, analysis, or
recommendation shall be tabled until the subsequent regular or special
Commission meeting.
4. The deadline to add items to the Commission's meeting agenda shall be
seven days prior to the next regularly scheduled Commission meeting.
6. RECORD
A. Minutes and Record. The Commission’s Recording Secretary shall keep, or
cause to be kept, a record of Commission meetings, which, shall at a minimum
include an indication of the following:
1. Copy of the meeting posting pursuant to P.A. 267 of 1976, as amended,
(being the Michigan Open Meetings Act, M.C.L. 15.261 et seq.)
2. Copy of the minutes, and all its attachments which shall include a
summary of the meeting, in chronological sequence of occurrence:
a. Time and place the meeting was called to order.
b. Attendance.
c. Indications of others present (listing names if others choose to sign
in and/or a count of those present).
d. Summary or text of points of all reports (including reports of what
was seen and discussed at a site inspection) given at the meeting,
and who gave the report and in what capacity. An alternative is to
attach a copy of the report if offered in writing.
e. Summary of all points made in public participation or at a hearing
by the applicant, officials, and guests and an indication of who
made the comments. An alterative is to attach a copy of the
7 of 12
Page 37 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]
public’s statement, petition, or letter if it is provided in written
form.
f. Full text of all motions introduced, whether seconded or not, who
made the motion and who seconded the motion. For each motion,
the following shall be included:
1. Reasons for the decision made.
2. The decision (e.g. approve, deny, approve with
modification).
3. A list of all recommendations, if any.
g. The type of vote and its outcome. If a roll call vote, indicate who
voted yes, no, abstained or a statement the vote was unanimous. If
not a roll call vote, then simply a statement: “the motion
passed/failed after a voice vote.”
h. That a person making a motion withdrew it from consideration.
i. All the Chair's rulings.
j. All challenges, discussion and vote/outcome on a Chair's ruling.
k. All parliamentary inquiries or point of order.
l. When a voting member enters or leaves the meeting.
m. When a voting member or staff member has a conflict of interest
and when the voting member ceases and resumes participation in
discussion, voting and deliberations at a meeting.
n. All calls for an attendance count, the attendance, and ruling if a
quorum exists or not.
o. The start and end of each recess.
p. All Chair's rulings of discussion being out of order.
q. Full text of any resolutions offered.
r. Summary of announcements.
s. Summary of informal actions, or agreement on consensus.
t. Time of adjournment.
3. Records of any action, support documents, maps, site plans, photographs,
correspondence received, attached as an appendix to the minutes.
B. Retention. Commission records shall be preserved and kept on file according to
the following schedule:
1. Minutes, bonds, oaths of officials, zoning ordinances, master or
compressive plans, other records of decisions, Commission or department
publications: Permanent.
2. Correspondence: Permanent.
7. COMMITTEES
A. Executive Committee
The Executive Committee shall be a standing committee of the Commission. Its
membership shall be the Chair, Vice-Chair, and Secretary of the Commission and
they shall hold the same offices on the committee.

8 of 12
Page 38 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]
B. Ad Hoc Committees. The Commission or Chair may establish and appoint ad
hoc committees for special purposes or issues, as deemed necessary. Less than a
quorum may serve on an ad hoc committee at any given time.
C. Citizen Committees. The Chair may establish and appoint citizen committees
with the consent of the Commission. Membership can be any number, so long as
less than a quorum of the Commission serve on a citizen committee at any given
time. The purpose of the citizen committee is to have more citizen and municipal
government involvement, to be able to use individuals who are knowledgeable or
expert in the particular issue before the Commission and to better represent
various interest groups in the County [local unit of government].
8. RULES OF PROCEDURE FOR ALL COMMITTEES
A. Subservient to the Commission. All committees are advisory to the
Commission and report their recommendations to the Commission for review and
action.
B. Same Principles. The same principles of these Bylaws for the Commission also
apply to all committees of the Commission.
9. INTERGOVERNMENTAL COORDINATION
The Commission shall encourage and support intergovernmental coordination of all
related planned activities among the state, federal, and municipal governments
concerned.
10. MILEAGE AND PER DIEM
A. Mileage and per diem shall be paid to members of the Commission for regular
Commission meetings at rates established by the Board of Commissioners for
attending Commission meetings and other authorized meetings and trips to
represent the Cass County Board of Commissioners, if those Commission
members bill the Cass County Board of Commissioners for the same.
Only mileage shall be paid for attendance at ad hoc committee meetings, if those
Commission members bill the Cass County Board of Commissioners for the
same. No mileage or per diem is paid to any members of a citizen committee,
unless authorized and budgeted by the Cass County Board of Commissioners with
recommendation by the Commission.
11. HEARINGS
A. Plan Hearings. Before the adoption of any part of a plan, as defined in the
Planning Act, or any amendment to a plan, or recommending approval of an
amendment to the Board of Commissioners, the Commission shall hold a public
hearing on the matter. Notice of the time and place of the hearing shall be given,
not less than 15 days prior to such hearing, by at least one publication in each
newspaper of general circulation.
B. Special Hearings. Notice of special hearings for the purposes of presenting
preliminary master plans, obtaining public opinion on a problem, or discussion of
a particular problem with interested parties will be given in the most practical
manner and to persons, or group representatives most interested, and as required
by the Planning Act, Zoning Act, and relevant local zoning ordinance.

9 of 12
Page 39 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]
C. Notice of Decision. A written notice containing the decision of the Commission
will be sent to petitioners and originators of a request for the Commission to study
a special problem.
12. PLAN REVIEWS
A. The Commission shall review all adjacent, or contiguous, local government plans
(township, village, and city), adjacent county plans, local governments
government plans (township, village, and city plans) within the boundaries
serviced by the Commission, and the county plans in which the Commission’s
service area is located.
B. Action shall be in the form of a motion which contains (or is included in the
minutes) a finding of fact, conclusions as to a list of reasons for the action, and the
Commission's advisory action, pursuant to section 5.E.2 of these Bylaws.
C. The review shall focus on:
1. First and foremost, the process is intended to increase coordination of
planning between governments.
2. Consistencies or inconsistencies with your government’s plan(s) for
matters such as:
a. Border issues
b. Issues of greater than local concern
c. Comparison with local plan contents
d. Comparison with county/regional plan contents
e. Comparison to other relevant adopted plans (such as an historic
preservation plan, local wetland protection plan, TIF or Brownfield
Redevelopment plan, etc.).
f. Comparison to various implementation strategies.
3. If the county planning commission considered the proposed plan
inconsistent with the plan of any city, village, township, or region that
received a copy of the draft plan (or amendment).
4. If the county planning commission considers the draft plan (or
amendment) to be inconsistent with a county plan(s), if any.
5. Action by the Commission shall be based on, in part, a review of possible
boundary conflicts between the plans of two municipalities. If a boundary
conflict is found to exist the following shall apply:
a. The assumption is made that there shall not be any provision of a
municipal plan which is in conflict with the county plan.
b. The Commission shall use compliance with the county plan as its
main tool for purposes of coordination of the proposed plans with
the plans of municipalities having a common boundary. If a
conflict is found to exist, it is not proper to assume the proposed
plan is the problem. The problem could be the municipality which
is adjacent to the municipality for which the plan is being
reviewed. The problem could be both plans.
c. The criteria to determine which municipality has the plan which
causes the boundary conflict shall be the Commission’s finding of
compliance with the county plan. The municipality (or both
municipalities) not in compliance with the county plan shall be
10 of 12
Page 40 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]
deemed to have the plan which contributes to the boundary
conflict.
D. The review shall be in the form of a letter and shall take into account:
1. Respect for the idea that the submission and review stages are near the end
of a plan adoption process. A community may be ready to adopt and
others may be waiting for the task to be done. Do not extend the adoption
more than necessary.
2. Focus only on significant issues, in a clear and well documented way.
Suggest solutions rather than only pointing out what is wrong.
3. Be clear and document statements to improve the quality of planning for
the entire area. This process is to improve coordinated planning, not to
undermine relationships or exacerbate tensions between governments.
4. Include mutual respect of others, so the comments are factual, objective,
and based on sound planning principles.
13. TOWNSHIP ZONING REVIEWS
A. The Commission shall review all zoning ordinances and zoning amendments for
townships within the county.
B. Action shall be in the form of a motion which contains (or is included in the
minutes) a finding of fact, conclusions as to a list of reasons for the action, and the
Commission's advisory action, pursuant to section 5.E.2 of these Bylaws.
C. Following a public hearing for a proposed township zoning ordinance under MCL
125.3306 the Commission shall receive the proposed zoning ordinance, including
any zoning maps as required by MCL 125.3307(1) from the township for review
and recommendation.
D. The Commission requests that townships also submit the follow supporting
materials to assist the review process:
1. Signed cover letter requesting review and summarizing the process which
has already occurred;
2. Copy of the public hearing minutes;
3. For petitions for rezoning, a copy of the petition with the map(s) showing
zoning of adjoining properties within 300 ft. for which action was taken
and the parcel(s) of consideration and roads need to be clearly identified
and labeled. If not included on the petition, the cover letter should
indicate acreage, existing zoning, requested zoning, existing use and
proposed use;
4. If any provision of public services is or will be involved, include
correspondence from the affected unit expressing its awareness.
E. Action by the Commission shall be based, in part, on a review of possible
boundary conflicts between the zoning of two municipalities. If a boundary
conflict is found to exist the conflict shall be identified and recommendations
made for the township to reconsider, or for the County Planning Commission to
consider amendments to its own plan.
1. The review shall be in the form of a letter sent to the township or
municipality.
14. OTHER MATTERS TO BE CONSIDERED BY THE COMMISSION

11 of 12
Page 41 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]
A. Commission Action. The following matters shall be presented for consideration
at a meeting of the Commission:
1. At least annually, the adoption of priorities for the Commission's plan of
work.
2. Annually, preparation of an annual report of the Commission.
3. Office, or Administrative Policy and ruling of interpretation of regulations
by the Commission or its staff.
4. All Planning reports and plans before publication.
5. Planning Commission's budget requirements for the fiscal year and request
for appropriation.
6. Selection of consultants.
7. Such other matters as the Chairperson shall find it advisable or essential to
receive consideration by the Commission.
15. ADOPTION, REPEAL, AMENDMENTS
A. Upon adoption of these Bylaws of [date], they shall become effective and all
previous Bylaws, shall be repealed.
B. The Commission may suspend any one of these Bylaws, for a duration of not
more than one agenda item or meeting.
C. These Bylaws may be amended at any regular or special meeting by a two-thirds
(⅔) vote of the members present.

12 of 12
Page 42 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]

Notes on Proposed Amendments
Formatting
The formatting and section labeling has been changed to correct minor errors and improve
readability.
(Examples: MEMBERSHIP section had two parts labeled A, proposed amendments have them
now as a and B. The section titled “OTHER MATTERS TO BE CONSIDERED BY THE
BOARD” was numbered 16 in the current bylaws and proposed amendments have them number
14 now.)

Membership-Attendance
Replaced language with something much simpler that points the County’s exiting policy per the
September discussion. Please review Cass County’s Boards, Committees and Commissions
Attendance Policy.

Officers-Secretary/Recording Secretary
At the September meeting there was discussion about eliminating the position of Secretary
entirely and only having a Recording Secretary. Apologies, I did not remember MCL
125.3817(1) which states, “ A planning commission shall elect a chairperson and secretary from
its members…”
With that in mind I am proposing amending the bylaws to still have a Secretary elected from
members, but with minimal duties (“Perform such other duties as may be ordered by the
Commission” and “Act as member and Secretary of the Executive Committee pursuant to
Section 7.A of these Bylaws”
Added “or their designee” language to Recording Secretary duties.
Struck out language under Recording Secretary’s duties that called for the Recording Secretary
to send draft minutes to a Secretary for signature per September discussions about scaling back
Secretary.
Struck out language under Recording Secretary Duties about the secretary delegating to
commission staff.

13 of 12
Page 43 of 244

Adopted March 25, 2009
[Proposed Amendments for October 28, 2026 CLEAN]

Meetings-Public Participation
Struck out existing language and replaced with the proposed language from the September
meeting with a change in time from 5 to three minutes, and changing “expressly forbidden by the
chair” to “may only be allowed at the discretion of the Chair”.

Township Zoning Reviews
Struck out part C that listed what a township “Shall” submit and replaced wit ha new part C that
talk about the Commission responsibility to receive the proposed zoning from townships with
statute citations to encourage townships. Then added a part D that lists the materials we will be
requesting a township submit in addition to the proposed amendment and maps.
I believe that means our Submission Form on the website would need to collect
• Signed Cover Letter
• Public Hearing Minutes
• Zoning Ordinance/Text Changes/Petition for Rezoning
• Zoning Maps
• Does the action taken by the Township concur with the Township Ordinance, Zoning
Map and/or Land Use Master Plan for that property?
• Will any provision of public services be involved?
o Correspondence regarding public services
• Meeting Attendance
Potentially some language at the top like:
When submitting material to the Cass County Planning Commission for review, please use the
form below in order to ensure all documents necessary for review are submitted. The Cass
County Planning Commission will be using these documents to inform their discussion and
provide their review. Thank you for helping the Commission provide meaningful reviews to the
townships.

Committees-Citizen Committees
Cleaned up a little formatting in this on and filled in a blank that was left blank.

14 of 12
Page 44 of 244

Cass County Planning Commission

Township Zoning Worksheet
This worksheet is intended to assist the Cass County Planning Commission in their review of township zoning ordinances and zoning
amendments under MCL 125.307 and Cass County Planning Commission Bylaws, Section 13. Township Zoning Review. This worksheet also
draws heavily from MSU Extension resources County Planning: Its Legal Authority and Coordinated Planning and How to take Minutes For
Administrative Decisions.

Municipality:

Request:

Questions to Consider:
1. Are legal adoption procedures followed (ask for an attorney’s opinion)?
(Note: this step should be skipped when reviewing city and village zoning.)

Yes

No

Yes

No

Yes

No

Yes

No

Discussion/Notes:

2. Is it consistent with the adopted township land use plan?
(State statute requires a zoning ordinance to be based on a plan. MCL 125.3203)
Discussion/Notes:

3. Is it consistent with the adopted county general plan and/or land use plan?
(If the proposed zoning complies with the township land use plan, and the county found no conflict with and
approved the township land use plan, then the zoning should not be a problem with the county land use plan.)
Discussion/Notes:

4.Is the proposed zoning compatible with the zoning and land use of adjacent municipalities, with no boundary
conflicts identified (both in and out of Cass County)? (If both the proposed zoning and adjacent zoning comply with
the county land use plan, then there should not be any boundary conflicts.) (Bylaws Section 13.D)
Discussion/Notes:

120 N. BROADWAY, CASSOPOLIS, MI 49031 • CASSCOUNTYMI.ORG

Page 45 of 244

Cass County Planning Commission

Township Zoning Worksheet
ACTION
“Action shall be in the form of a motion which contains (or is included in the minutes) a finding of fact, conclusions as to a list
of reasons for the action, and the Commission’s advisory action” (Bylaws Section 13.B)
“A finding of fact, listing what the Commission determines to be relevant facts in the case.” (Bylaws Section 5.E.2.a)
“Conclusions to list reasons based on the facts for the Commission’s action, often directly related, or not, to a finding of
compliance, or noncompliance, to standards.” (Bylaws Section 5.E.2.b)
Sample Motion
I move to accept the findings of facts as represented in the Recording Secretary’s copy of the minutes. The following are the
Cass County Planning Commission conclusions:
• The proposed __________________________ Township zoning ordinance (
did
did not) follow legal adoption
•
•
•

procedures.
The proposed __________________________ Township zoning ordinance (
adopted land use plan.
The proposed __________________________ Township zoning ordinance (
County’s adopted land use plan.
The proposed __________________________ Township zoning ordinance (
use of adjacent municipalities.

is

is not) consistent with the township’s

is

is not) consistent with the Cass

is

is not) compatible with zoning and land

Based on the finding of facts and conclusions, the Cass County Planning Commission… [choose one]
has reviewed and accepts the proposed zoning amendment.
has reviewed and accepts the proposed zoning amendments, with a note to the township to ____________________________
_________________________________________________________________________________________________________________________________
has reviewed and cannot recommend approval of the proposed zoning amendment due to______________________________
_________________________________________________________________________________________________________________________________
…and will send a letter to the township to that effect.
Moved by __________________________________________, seconded by ____________________________________________.

120 N. BROADWAY, CASSOPOLIS, MI 49031 • CASSCOUNTYMI.ORG

Page 46 of 244

Richard M. Wilson, Jr.

Kimberly M. Large1

Kathryn Z. Stegink

John M. DeVries

Also Admitted in

Scott E. Dwyer

Nikole L. Canute5

Tyler M. LeMieux7

Michael C. Haines

1

Elizabeth K. Bransdorfer

Daniel J. Broxup

Carly F. Cruickshank

James K. White

2

Florida

Ross A. Leisman

Joshua D. Beard

Jonathan D. Tromp

Fredric N. Goldberg

3

Illinois

Yue Li4

John H. Gretzinger

4

Iowa

Benjamin E. Anema

Douglas A. Donnell

5

New York

Mitchell W. Lys

William A. Horn7

6

Pennsylvania

Mark A. Van Allsburg

7

Wisconsin

Neil P. Jansen
Mark E. Nettleton

2

Bradley A. Fowler
3

Timothy J. Figura

6

Nathaniel R. Wolf

Jeffrey M. Black

Jennifer A. Puplava

Erik J. VanderWeyden 3

Benjamin A. Zainea

Curtis L. Underwood

Of Counsel

Daniel R. Kubiak

Ronald M. Redick

Dominic T. Clolinger

James R. Brown

George V. Saylor, III

Delaware

October 13, 2026
Members of the County Planning Commission
Cass County
120 N. Broadway
Cassopolis, MI 49031
Dear County Planning Commission Members:
We are attorneys for Penn Township, Cass County, Michigan.
On behalf of the Township, I am submitting a proposed amendment to the Township
Zoning Ordinance, for the County Planning Commission’s advisory review, pursuant to Section
307 of the Michigan Zoning Enabling Act (“MZEA”), MCL 125.3307. The proposed amending
ordinance and the other supporting documents are being submitted on-line, at
https://www.casscountymi.org/FormCenter/Online-Forms-7/Planning-Commission-Submissions82.
The proposed amendment would add a new Section 6.26 to the Zoning Ordinance, which
would codify a roughly 12-month moratorium on Township consideration and decision-making
on applications for Data Centers and their support facilities.
With our on-line submittal, we are including complete copies of the Township Land Use
Plan and Zoning Ordinance. These documents support the proposed amendment, in that they do
not include any provisions that plan for or allow Data Centers, on any lawful basis in the Township.
As such, the proposed moratorium is a vital planning tool, allowing the Township time to
undertake a study and evaluation for the purpose of (a) identifying and developing zoning
regulations that would specify the bases upon which the use of land, buildings or structures for
Data Centers could potentially be approved in the Township, and (b) specifying the terms and
conditions that the Township may impose on such approval, if and when granted.
The proposed amendment has already undergone a public hearing before the Township
Planning Commission, on October 6, 2026, in accordance with Sections 202(1) and 306 of the

#3638390v2

Page 47 of 244

Members of the County Planning Commission
Cass County
October 13, 2026
Page 2
MZEA, MCL 125.3202(1) and MCL 125.3306. Enclosed with our on-line submittal are the
minutes of the Planning Commission’s October 6, 2026 meeting and public hearing.
We respectfully request that the County Planning Commission provide its advisory
comments on the proposed amending ordinance prior to November 9, 2026, as that is the date on
which the Township Board is tentatively scheduled to consider and adopt the proposed amending
ordinance
Thank you for your attention to this matter. The Township looks forward to the timely
receipt of the County Planning Commission’s comments.
Yours very truly,

Ronald M. Redick

Page 48 of 244

Penn Township Michigan
Planning Commission Meeting Minutes
October 6, 2026 | 6:33 PM
Penn Township, Cass County, Michigan
I. Call to Order
Chairman Carl Sparks called the meeting to order at 6:33 PM. A quorum was established.
Members Present: Carl Sparks, Nick Dussel, and Shadrick Yoder.
Members Absent: Roger Leach and Craig Danzy.
Also Present: Township Attorney Ronald Redick, Mika Meyers.
II. Opening
Shadrick Yoder led the opening prayer, followed by the Pledge of Allegiance led by Nick Dussel.
Proof of meeting notice was acknowledged.
III. Approval of Agenda
Motion by Shadrick Yoder to approve the agenda. Seconded by Nick Dussel.
Motion carried.
IV. Approval of Previous Meeting Minutes
The previous meeting minutes were reviewed, with a correction replacing "Planning Board" with
"Planning Commission."
The minutes were approved as corrected.
V. Old Business
None.
VI. New Business – Public Hearing
Proposed Zoning Ordinance Amendment – Section 6.26, Data Center Moratorium
The Planning Commission conducted a public hearing regarding the proposed data center
moratorium.
Township Attorney Ronald Redick reviewed the proposed ordinance and applicable legal
requirements.
Public comments and Planning Commission discussion addressed data center development,
infrastructure, water usage, zoning regulations, and proposed amendments.
VII. Proposed Ordinance Amendments
Motion 1 – Expanded Definitions
The Planning Commission considered amendments expanding the definitions of data centers and
related facilities, including data processing, cryptocurrency mining, and associated infrastructure.
Page 1
#3638249v1

Page 49 of 244

Motion carried.
Motion 2 – Early Termination Procedures
The Planning Commission considered an amendment to Section D3 clarifying that early
termination of the moratorium must follow the zoning ordinance amendment procedures
established under the Michigan Zoning Enabling Act.
Motion carried.
VIII. Recommendation of Data Center Moratorium
Nick Dussel made a motion to recommend approval of the proposed Section 6.26 Data Center
Moratorium, including the approved amendments, and forward the recommendation to the Cass
County Planning Commission and Penn Township Board.
Seconded by Shadrick Yoder.
Roll Call Vote:
Carl Sparks – Yes
Nick Dussel – Yes
Shadrick Yoder – Yes
Motion carried unanimously, 3–0.
IX. Adjournment
Motion by Nick Dussel to adjourn. Seconded by Shadrick Yoder.
Motion carried.
Meeting adjourned at 7:43 PM.

Respectfully Submitted,
Nick Dussel
Secretary, Penn Township Planning Commission

Chairman Print: __________________________ Chairman Signature:
__________________________
Secretary Print: __________________________ Secretary Signature:
__________________________
Minutes subject to approval by the Planning Commission.

Page 2
#3638249v1

Page 50 of 244

#3607508v1

Page 51 of 244

PENN TOWNSHIP PLANNING COMMISSION
Chairman

- Ralph Filley
James Sparks
Richard Cox
Ken Kidd
Elwood Leach
Robert Dool

PENN TOWNSHIP BOARD
Supervisor - Mrs. Ruth Breece (Richard Mickey)
Treasurer - Lee Cropsey (Paul Rutherford)

#3607508v1

Clerk

- Betty Cox (Lisa Fitzsimons)

Trustee

- Robert Dool (Roger Leach)

Trustee

- Lee Sparks

Page 52 of 244

LAND USE PLAN – PENN TOWNSHIP
PAGE NUMBER
INTRODUCTION

1

DATA COLLECTION

3

I.

Population/Projections

3

II.

Social Characteristics

8

III.

Economic Situation/Projections

10

IV.

Existing Soils and Topography

12

V.

Land Use

15

COMMUNITY INPUT

19

VI.

Questionnaire

19

VII.

Community Goal Statement of Penn Township

22

DEVELOPMENT PLAN

26

VIII.

Industrial

27

IX.

Residential and Commercial

35

X.

Community Facilities

48

XI.

Recreation and Open Space

51

XII.

Utilities

54

XIII.

Transportation

57

IMPLEMENTATION
XIV. Community Participation and Enforcement

#3607508v1

59
59

Page 53 of 244

#3607508v1

Page 54 of 244

INTRODUCTION

A land use plan allows local residents and government officials within and
outside the community the opportunity to learn where the community is and
where it’s going. The planner does not presume to know more about a
community than the residents and their representatives, but he is able to
gather information from many sources and compile it in a useful way. In fact,
the planning process relies heavily on community input, and at this point the
plan is divided into four sections:

Data Collection – Information about the community is compiled from
observations, census data, maps and interviews with officials from
government agencies.

Community Input – A questionnaire is sent out to sample a typical cross
section of community residents and the1r results are analyzed in order to
create a community goal statement.

Development Plan – Taking into account the existing community situation,
community input, and sound planning principles, several alternative plans are
being presented and the plan deemed most in tune with the community needs
will be advocated.

-1Implementation – Several methods of achieving the goals and policies set forth
in this plan are presented. It must be noted that the comprehensive planning
process is an ongoing process and that a land use plan cannot cover all the

#3607508v1

Page 55 of 244

contingencies that might occur over a 20-year period. Re-evaluation must be
made from the plan in accordance with sound planning principles.

Penn Township consists of 36 square mile sections, is located near the Center
of Cass County in Southwest Michigan and is traversed by M-60 running
East-West. Diamond Lake, the largest lake in the county, is located partially
in the Southwest corner of Penn Township. Except for residents on the
section mile roads, the bulk of the populace live along Diamond Lake, in the
Village of Vandalia and along Donnell Lake just to the Southeast of Vandalia.

-2-

Data Collection
#3607508v1

Page 56 of 244

333
DATA COLLECTION

I.

Population

The 1970 census reported over 1, 000 housing units in Penn Township. The
number of occupied households, however, was 585 to correspond with the
reported 1775 population at a rate of 3.03 persons per household. This
implies over 450 units are vacant at least for part of the year. According to
the census, 388 of these units are on city or suburban lots. The balance of
these units is on larger sized lots. Hypothesizing that occasional or seasonal
use in a recreational region would be on the smaller lots as opposed to larger
farm sized lots, we have assumed a total of 388 dwelling units that are

#3607508v1

Page 57 of 244

utilized as seasonal residences. This seems to correlate with the number of
units with plumbing and bathing facilities excluding the year round facilities,
970-585 = 385. For the purpose of this report we will assume that the 1970
population of Penn Township was as follows:
Households

pph

Year round

585

x

3.03

= 1775

Occasional

388

x

3.03

=

1177

Total

973

x

3.03

=

2952

The percentage of occasional residents is close to 40% in Penn Township as
opposed to 10% for the balance of Cass County.
-3Population projections are traditionally nebulous, but the difficulty in making
an accurate projection in this case is intensified by the fact that anyone who
owns a home in Penn Township and visits it occasionally could change his
status to year-round resident. This is especially true of some of the older
weekend and seasonal residents who may live elsewhere now, but plan to
spend their retirement days in Penn Township. Rather than deciding on an
arbitrary number of households, which will switch status annually, we will
generally determine the acreages for future land uses on the basis of total
population including both year-round and occasional residents.

Recent growth in Penn Township has occurred in the following manner:
(U.S. Department of Commerce Bureau of Census)

#3607508v1

1930

1940

1950

1960

1970

1059

1115

1164

1522

1775

Page 58 of 244

In the decade from 1930 to 1940, the growth rate was 5.2% but from 1940 to
1950, the population increased by only 4.4%. Penn Township’s greatest surge
in population was in the fifties when a gain of close to 31% was experienced.
The sixties saw a decline in growth rate as the population increased by 16.6%.
No data is available for 1974 at this time and the present population will have
to be determined based on a projection of the 1970 population.

-4-

The Cass County Planning Department is using a population projection
prepared by the State Resource Planning Program – Michigan Department of
Commerce – based on the 1950 census.
The study projected the 1970 population of Penn Township to be 1,500
(which was 275 low in reality) and called for a 26% increase in population
from 1970-2000. Cass County retained the 26% figure for the future and
applied it to 1,775 instead of 1,500. Their projection for Penn Township for
the year 2000 is 2,236. This is equivalent to an 8% increase over each of the
next three decades, but a decrease in growth rate compared to the two decades
from 1950-1970. During the same 30-year period Cass County’s population
is projected to increase 46%. Three factors, which may have caused a lower
projection for Penn Township, are: 1. Large open areas more conducive to
agricultural uses than residential, 2. Limited areas just adjacent to the lakes
that can be developed, and 3. Lack of public sewer and water that is required
for more intensive development.

Projecting the total year round and seasonal residents at 26% over the 30-year
period (1970-2000) we arrive at a township population of 3,720 in the year

#3607508v1

Page 59 of 244

2000. The following is a projection of population in Penn Township from
1970 to 2000 in 5-year intervals.

-5-

1970 1975

1980

1985

1990

1995

2000

year-round

1775

1852

l929

2006

2083

2160

2236

occasional

3377

1228 1279

1330

1381

1432

1484 total

3336

3592

3720 Because of the

2952

3080 3208

3464

uncertainty of the future, it is generally wise to project the future
population within a certain range, since various unknown factors can
affect the amount of new development. Such factors are the
economic situation, finance situation, and the amount of energy
available. The range used must be wide enough to allow for some
degree of fluctuation due to the aforementioned factors, but not so
wide that it loses its impact through allinclusiveness. 15% has been
chosen as a plausible range for the population projection:

#3607508v1

Page 60 of 244

-6-

#3607508v1

Page 61 of 244

-7- II.

#3607508v1

Social Characteristics

Page 62 of 244

Penn Township is not homogeneous. It accommodates people of different
races, income levels and life styles. Agriculture is very important to the
community and takes up large land areas although less than 10% of the
township workers make their living by farming. Growing residential
communities around Diamond Lake and Donnell Lake provide resort living to
both year-round and part-time residents. The Village of Vandalia with a
population over 400 is predominately Negro having been settled in the 195h
century.

The 4th count summary tape from the 1970 U.S. census includes no
information on part-time (weekend, occasional or seasonal) residents, but is
none-the-less useful to help form a valid picture of the community. Except
for a small number of people who emigrated from Czechoslovakia in the 60’s,
the residents are all native-born Americans, whose national origins are from
Northern European countries and Canada. From 1965 to 1970, almost 70% of
the year-round residents remained in the same house while, another 15%
moved to Penn Township from somewhere in Cass County.

-8-

A median age in the low 30’s for Penn Township residents is slightly higher
than the national median age. For people over 25 years of age, the median
years of school completed in 1970 was 11.1. Median family income was
approximately $7,000. Of the 77 families with incomes below the poverty

#3607508v1

Page 63 of 244

level, 29% were receiving income from earnings, 46% were on social security
or other retirement and 25% were receiving public assistance or welfare
payments.

Those people who live outside of Penn Township but maintain their second
home in the Township are generally older than the Township median age and
have achieved higher educational and income levels. The discrepancies in
social status can be clearly seen in the breakdown of housing values in the
Township. The median housing value for the Township is about $11,000 with
values going up to $50,000 as reported in the 4th count census data. The
median housing value for Negroes on the other hand is about $7,500 with
values ranging from less than $5,000 to $15,000. It is essential in the
comprehensive planning process to be aware of social and economic
differences within the planning area, so that all segments of the population
recei9ve equal benefits from planning.

-9-

III.

Economic Situation
Penn Township’s tax base is mainly dependent on the expensive home

along Donnell Lake and Diamond Lake. The large amounts of agricultural
lands also contribute to the tax base. The state equalized valuation (SEV) for
Penn Township in 1973 was $1,984,874 for real property (land and buildings)
and $1,018,800 for personal property. The total SEV was $14,003,674. The
two school districts within Penn Township – Cassopolis and Marcellus
require 38.50 mills and 41.70 mills respectively for their property taxes. The

#3607508v1

Page 64 of 244

amounts that the various uses contribute to the state equalized valuation are as
follows:
Use

% of Total

Residential

73.6

Agricultural

22.3 Commercial

3.0

Industrial

1.1

Because of limited commercial and industrial development, the township does
not have enough jobs available to support all its residents. Of the 500 +
workers living in Penn Township, over 1/3 work outside Cass County, while
the balance work somewhere in the county. There is no available data to
determine how many work in the Township itself. The distance people must
travel to work is indicated by the fact that 85% of Penn Township workers use
an automobile to get to work. The occupations of Penn Township residents
break down as follows:
-10-

OCCUPATION

#3607508v1

PERCENT OF TOTAL

Professional workers

5.7

Managers and administrators

10.4

Sales workers

3.2

Clinical workers

12.8

Craftsmen/foremen/kindred workers

13.4

Operatives except transport

18.2

Transport equipment operative

4.2

Non-farm laborers

5.3

Farmers/managers

6.9

Farm laborers

2.2

Service workers

15.8

Private household

1.8

Page 65 of 244

For people over 16, the work status occurs as follows:
Status

% .

In labor force

43.9

Enrolled in school

6.5

Over 65 23.1 Other

26.5

No accurate unemployment figures for Penn Township are available. MESC
reports that Cass County’s unemployment rate in June 1974 was 14.5%.
Source: U.S. Department of Commerce, Bureau of Census, 1970.
-11-

By 1995, it is projected that there will be 385 more year-round residents than
there were in 1970. This does not include the number of part-time residents
who could become year-round at any time. Assuming some degree of switch
over, 3.03 persons per household, and one worker per household, it appears
that around 150 new residents will be working in and around Penn Township
by 1995. Penn Township’s future plans must take this influx into account to
insure continued economic stability for the Township.

IV.

Existing Soils and Topography
The soils of Penn Township are basically of three types – sandy loam,

volinia loam soils and soils with a loamy surface. All three
Types are suitable for agriculture. The two criteria as to whether a given
piece of land is suitable for a particular use are the amount of slope and its
capacity to drain. According to the Cass County Planning Commission soils
map, the Township can be divided into four major slope and drainage types –
all deep and well drained and a fifth type poorly drained:

#3607508v1

Page 66 of 244

A)

Level to undulating prairie soils (2-6%) found generally in the
Western part of the Township.

B)

Level to undulating soils (2-6%) found generally in the center of the
Township and at Diamond Lake.

C)

Undulating to rolling soils (6-12%) generally found at the Northern
and Eastern sides of the Township.
-12-

D)

Rolling to steep (12-18%) found along Donnell Lake and a few other
places. (See accompanying map).

E)

Deep, poorly drained, level soils found on old lakes and stream flood
plains.

In general all the basic uses of land, (agricultural, residential, commercial and
industrial) occur with the least problems in areas of low to moderate slope (1
to 6%). Higher slopes are extremely detrimental to intensive agricultural
development or to a large industrial development while residential and small
commercial developments can be worked into the higher slope areas. The
accompanying map uses the county soils map data along with more detailed
S.C.S. (Soils Conservation Service) data in the areas of Diamond Lake, Penn,
Donnell Lake and Vandalia.

#3607508v1

Page 67 of 244

-13-

#3607508v1

Page 68 of 244

-14-

V.

#3607508v1

Land Use

Page 69 of 244

The land use pattern of Penn Township is comprised of mixed land uses, but
their relative proportions tend to make the area distinct. In Penn Township’s
case, large amounts of land are utilized for agricultural uses while smaller yet
significant amounts of land are in single-family usage. Minimal amounts of
commercial and industrial uses are also in evidence with spot commercial
along M-60 and industrial uses sprinkled throughout the Township. The
accompanying chart, which indicates acreage per use for each section, can be
totaled for the following results:
Land Use
Total Acreage
Percent

Residential

1,988

8.6%

Roadways

614

2.7

R.R.

45

0.2

Public/semi private

34

0.1

Industrial

50

0.2

Commercial

39

0.2

State property

174

0.8

Water

1,168

5.1

Untilled land and wood lots

5,520

24.0

Agriculture

13,392

58.1

23,040

100.0

single-family

1458

mobile home

52

farmstead

465

multi-family

16

vacant

17

-15-

Land Use Considerations – The land use pattern of Penn Township is
relatively un-congested at this time so that one land use generally doesn’t
infringe on another. Given Penn Township’s growth potential, however, it is

#3607508v1

Page 70 of 244

essential that future expansion be planned in such a way that incompatible
uses are separated to prevent devaluation of property and discomfort to local
residents.

-16SECTION
TYPE OF LAND USE

TOTAL
ACREAGE

RESIDENTIA
L

1

#3607508v1

15

20

387

14

7

8

189

640

Page 71 of 244

2

26

347

12

343

190

18

420

25

120

15

477

20
15

118
153

15
20

25

35

15

562

25

38

22

550

1

10

290

4

16

318

11

2

15

333

5

27

258

12

5

5

350

1

15

265

13
14

5
7

10
25

257
212

14
1

18
29

3

49
6

2

4

5

5

3

6
7

1

2
2

8

1

2

9
10

4
1

1

3
2
3

1

10

165

37

10

236

31

5

3

1

481
449

73

263
365

15

6

1

10

343

4

12

264

16
17

61
3

3

15
25

51
11

4

21
20

483
578

18

3

1

19

3

2

10

20

3

10

20

21
22

1
2

23
24

7
3

25

11

26

285

27

3

3

216

8

99

17

5

7

12

40

3

12
7

15
10

36
290

20

261
235

15
8

98

412

10

85

25

279

10

113

21

28
29

2
5

15
20

79
54

22
35

14

30

1

5

70

2

22

8

31
32

169
132

41

454
261

33
34

1
5

35
36

5

2

16

3

5
5

78
165

147

5

220

229

15

4
19

548
573
326

101

22

1

503

334
195

62

7

1

5

30
1

2

515
3

1

230

1

216
532
506

5

20 505
11

1
166

6
16

550
426

90

21

157

127 166

13

3

85

-17-

#3607508v1

Page 72 of 244

#3607508v1

Page 73 of 244

Community Input

#3607508v1

Page 74 of 244

COMMUNITY INPUT
VI.

Questionnaire – In order to plan effectively it is necessary not only to

study the nature of a community, but also to be in tune with community
feelings and values. To facilitate this end, a questionnaire was designed
which allowed a large number of Penn Township residents, to state their
concerns. The questionnaire, which is shown in this report, was distributed to
one of 12 residents in the Township. Seventy-five questionnaires were
returned. From the results, we assembled the following “Community Goal

#3607508v1

Page 75 of 244

Statement for Penn Township”. The compilation of the individual answers on
the questionnaires is summarized below:
1.

2.

Reasons for Moving to Penn Township
Recreational Location
37%
Work Location

-

33%

Hometown

-

18%

Other

-

12%

Likes
Location, access, security, friends and privacy.
Dislikes

Costs, unemployment, lack of activities, weather and lack of
services.
3.

Do you want agricultural industry maintained?
83% yes

-194.

Why should agricultural industry be maintained? Economy,
environment, production, way of life

5.

Are you concerned about pollution from untreated sewage?
79% yes

6.

How would you prefer Penn Township to develop? All
replies - 1st Agricultural
2nd Residential
3rd Recreational
4th Industrial
5th Commercial
Age less than 34

#3607508v1

1st - Agricultural

Page 76 of 244

2nd - Residential/Recreational

Income

more than $12,000 - 1st Agricultural
- 2nd Residential
- 3rd Recreational/Industrial
7.

8.

How should mobile homes be treated as a residential use?
1.

Allow mobile homes only in mobile home parks

2.

Allow mobile homes under severe restrictions

3.

Allow mobile homes on large lots.

Do you support any citizen organizations for the improvement of
your Township?
All replies - 33% yes

Income over $12,000

- 42% yes Age less

than 34 years - 22% yes
9.

Are there any reasons why you dislike this Location?
All replies - 51% yes
Income over $12,000

- 41% yes
Education – 13
years or more 36% no -20-

ATTITUDE SURVEY
QUESTIONNAIRE
1.

How long have you lived at your present location? _______________________________

2.

Where did you live before? _________________________________________________

3.

Why did you move here?

4.

Would you move here again having lived here & knowing the area? _________________
Why? ___________________________________________________________________

5.

Are there any reasons why you dislike this location? ______________________________

6.

Would you like to see expanded recreational opportunities in Penn Township? _________
If so, what type? __________________________________________________________

7.

What is your education level?

8.

What is your approximate age? ________ years

#3607508v1

Recreation
Location _____

Work
Location _____

Home
Town _____

________ years

Page 77 of 244

9.

How do you feel about agricultural areas in Penn Township? _______________________

10. Are you concerned about pollution of the Township by untreated sewage? ____________
Yes _____ No _____ If yes, why? ___________________________________________
11. Would you care to indicate in which income range you belong? If so, please choose.
_____ Less than $3,200
_____ Less than $10,000
_____ Less than $20,000
_____ Less than $6,000
_____ Less than $12,000
_____ Less than $25,000
_____ Less than $8,000
_____ Less than $15,000
_____ More than $25,000
12. How would you prefer to see Penn Township develop in the future? Residential _______
Industrial
_______
Commercial _______
Agricultural
_______
Recreational _______ 13. How do you feel mobile homes should be treated as a residential use?
no control on mobile homes ___________________________________________________
allow mobile homes in one area ________________________________________________
allow mobile homes only in mobile home parks ____________________________________
allow mobile homes in parks & subdivisions ______________________________________
allow mobile homes on large lots _______________________________________________
allow mobile homes under severe restrictions _____________________________________
other ______________________________________________________________________
14. Do you support any citizen organizations for the improvement of your Township?
___________________________________________________________________________ 15.
Do you have any further comments about the future development of Penn Township?
________________________________________________________________________
-21VII.

Community Goal Statement for Penn Township

GOAL – CONTINUE DEVELOPMENT WITHIN THE
TOWNSHIP WITH IGHEST PRIORITY GIVEN TO THE
PRESERVATION OF AGRICULTURAL LANDS.

People, regardless of their length of residency in the Township,
their age, amount of education or income indicate overwhelmingly
their main concern is to preserve agricultural lands and to increase
the amount of agricultural production. The four basis reasons
behind this feeling are: 1) the land has economic value in terms of

#3607508v1

Page 78 of 244

food production, 2) the amount of farm land provides an attractive
open space, 3) the land is engaged in a productive use, and 4) the
land utilized in an agricultural manner represents a way of life
indigenous to the region.
Policy – Restrict all future development to those lands that are
deemed non-essential to agricultural productivity.
GOAL – ESTABLISH RESIDENTIAL NEIGHBORHOODS
THAT FACILITATE ACCESS TO NEEDED SERVICES WHILE
MAINTAINING A RELATIVE SENSE OF PRIVACY.
Citizens of Penn Township reside in the area because of the
available recreational potential along with work opportunities.
They have access to community facilities, shopping, work, etc. but
still retain the “get-away-from-it all” feeling that one has in a resort
area. Increasing amount of the residential development must be
carefully planned to retain this feeling and the prime agricultural
lands.

-22Policies
1. Restrict residential development to the non-essential agricultural
landscape.
2. Maintain a high quality residential environment in Penn Township.
3. Restrict mobile home development to mobile home park districts. 4.
Allow multiple-family dwellings in those areas, where the size and
density of such dwellings does not impair the natural beauty of the area,
or conflict with adjacent land use.

#3607508v1

Page 79 of 244

GOAL – ESTABLISH NEIGHBORHOOD AND COMMUNITY
COMMERCIAL CENTERS WHICH ARE EASILY ACCESSIBLE TO
ALL RESIDENTS.

The problems relating to shopping seem to be minimal for existing
residents and the establishment of new commercial centers is the lowest
priority for desirable future development. None-the-less as the
population increases, new centers – both for the neighborhood and the
community – will need to be established. It will be useful to provide
neighborhood commercial centers within walking or short driving
distance and community centers within easy commuting distance.
Policies
1. Restrict neighborhood commercial development to such a location
that can serve the households in the immediate vicinity.

-232.

Restrict community commercial development to such
locations that will conveniently serve large numbers of
township residents.

GOAL – ESTABLISH INDUSTRIAL PARKS WHICH WOULD BE
BENEFICIAL TO THE AESTHETIC AND ECOLOGICAL SETTING
OF THE TOWNSHIP.
An expanding industrial base does not seem especially important to
most segments of the population within the Township in spite of its
ability to gain more tax money. The desire of many residents to have
residential development increase must be followed up by jobs for those
people who are not seasonal or retired.
Because of the recreational orientation of the residents of Penn
Township, any industry, which did locate there, would have to give
assurances that there would be compliance with local, state and federal
codes.
#3607508v1

Page 80 of 244

Policies
1. Restrict industrial development to those areas of limited agricultural,
recreational or residential value.
2. Encourage industrial development of those types that are low in
pollution.
GOALS – ENCOURAGE DEVELOPMENT OF RECREATION
AREAS ALONG LAKES AND STREAMS, OR OTHERWISE
SIGNIFICANT SITES IN THE TOWNSHIP.
People in the Township have expressed interest in further recreational

-24development comprised of new parks, facilities for children, and family
entertainment facilities. Since almost 40% of the Township residents
moved to the Township for its “recreation location”, their desire for
further recreational development is understandable.
Policies
Reserve those lands deemed suitable for recreational development.

GOALS – PROVIDE CITIZENS WITH THE BASIC SERVICES AND
AMENITITES TO ALLOW FOR THEIR CONVENIENCE AND
COMFORT.
The residents of any community would expect such amenities as the
availability of utilities, the maintenance of roads and existence of vital
community facilities. The residents of Penn Township are no exception
and have expressed concern in this regard. A special problem is the use
of septic tanks in the more concentrated areas of Vandalia and the lake
developments to the South of the Township. The use of septic tanks is
not a good practice in areas of relatively high population concentration,
but the problem intensifies when the use of septic tank occurs near

#3607508v1

Page 81 of 244

valuable bodies of water. The people of Penn Township are rightly
concerned about late pollution.

Policies
1.

Provide needed services to the residents of Penn Township to
protect the environment.

2.

Provide the maintenance of roads and other transportation
facilities.

3.

Provide community facilities that will allow for the health,
education and safety of Penn Township residents.
-25-

#3607508v1

Page 82 of 244

Development Plan

#3607508v1

Page 83 of 244

#3607508v1

Page 84 of 244

DEVELOPMENT PLAN – The subsequent chapters of the plan present
proposals concerning the various types of future land use: industrial,
residential, community facilities, recreation and open space, utilities, and
transportation. A guiding planning principle in this case will be that no new
development takes place in areas that cannot be eventually served by public
sewer and water since a concentrated development without such public
facilities would tend to pollute both the ground water and any nearby
surface water. Also this principle will serve the people’s desire to maintain
prime agricultural lands since much of this land tends to be some distance
from the populated areas of Diamond Lake and Vandalia Village/Donnell
Lake that may eventually be served by public sewer and water.

-26-

#3607508v1

Page 85 of 244

VIII. Industrial – Penn Township has a small amount of industry at this time,
but a continually growing population will necessitate some degree of
industrial growth. Township residents desire, however, that whatever
industrial development does occur be carefully controlled. By specifying
those areas that can be utilized for industrial growth in the land use plan and
subsequently in the zoning ordinance, the Township will be able to limit
industrial growth to those specified areas and designate what types of industry
(light, medium, heavy) can develop in a particular zone. If no areas were
designated in the plan or the zoning ordinance, industries might be able to
develop anywhere in the Township with no control exerted as to number or
type. Four areas were considered for industrial growth all with suitable soils
and slopes.
I. In the vicinity of the Village of Penn. II.
West of the Village of Vandalia.
III.

East of the Village of Vandalia.

IV.

North of M-60 near the West Township Boundary.

Locational Criteria
The availability of the following criteria were considered in determining the
placement of industrial areas:

#3607508v1

1.

Suitable soils and slopes

2.

Good transportation routes and access

3.

Restricted conflicts with adjacent uses – buffer zones required

4.

Availability of utilities

5.

Availability of raw materials, labor force

Page 86 of 244

-27-

-28- Evaluation of Industrial Sites
Area I – This area was considered because of existing industry in the area, the
cross roads and the railroad. It is limited as a possibility because the access
#3607508v1

Page 87 of 244

roads would not be suitable for heavy truck traffic and the area is too far away
from the populated region in the Southern part of the Township that will
eventually receive the benefits of public sewer and water.
Area II – This area has the advantages of access along M-60 and separation
from the housing in Vandalia while being close enough to the populated area
of Vandalia Village/Donnell Lake to eventually be served by sewer and water
when such a system develops. Its disadvantage is that good agricultural land
would be committed to industrial development.
Area III – This area also has the advantages of access along M-60, separation
from the residential population of Vandalia and proximity to a
Vandalia/Village Donnell Lake utility service area. The disadvantage is that
Black Street divides the site and that fact along with the proximity of the
school, limits the amount of development that can occur near the State
Highway.

-29-

Area IV – This area has the advantages of excellent transportation, both M-60
and the Grand Trunk Western Railroad, and its location is such that it could
be served by either a Diamond Lake or Cassopolis sewer system. The
disadvantage is its proximity to the residential property along Diamond Lake
and the potential agricultural productivity of the land.

#3607508v1

Page 88 of 244

Proposed Industrial Location
Area IV was chosen because of its transportation advantages. To minimize
problems due to its proximity to developed residential properties, the area has
been deemed light industrial and a buffer zone consisting of a small
commercial area and an open space strip will be designated to the North of
M-60. Because of a need for a medium industrial zone to allow for a wider
range of industrial possibilities, one of the Vandalia sites has to be designated
as medium industrial. The area West of Vandalia was rejected because of its
agricultural potential, with the site East of Vandalia designated medium
industrial.

#3607508v1

Page 89 of 244

-30-

-31- Amount of Proposed Industrial

#3607508v1

Page 90 of 244

The amount of industry needed by a community has been traditionally
determined at 12 acres/1000 residents. The implication for Penn Township is
that 50 acres will be necessary by the year 2000. The existing land use survey
already shows approximately 50 acres of land in industrial use or in the
immediate vicinity of such a use at the present. It must be noted, however,
that in order to utilize the industrial parks concept, large amounts of land have
to be set aside to accommodate a planning period of 50 years. For this
reason, the amount of land designated industrial is rather large, but necessary
so to allow the Township control over future industrial development
anywhere in the Township.

-32-

Industrial Park Concept – The industrial park concept has been proposed for
Penn Township because it is an effective way of controlling industrial
development and provides a means for insuring high aesthetic standards
within the Township. The parks will be carefully planned to provide
attractive landscaping and a lack of congestion. A road fronting on the main
#3607508v1

Page 91 of 244

highway will be designed within the park to allow access to the industrial
buildings, but these buildings must be setback sufficiently from the road. An
industrial park development also increases the ease in which services can be
provided, since the buildings will be concentrated in the vicinity of the access
road.

#3607508v1

Page 92 of 244

-33-

A PLANNED INDUSTRIAL AREA OFFERING A
VARIETY OF PLANT SITE SITUATIONS FOR
MODERN INDUSTRY.
FEATURES OF A PLANNED
INDUSTRIAL PARK

* RESTRICTIVE CONVENANTS FOR
CHARACTERISTICS
* LANDSCAPING AREAS
* GENEROUS OPEN SPACES
* ROOM FOR EXPANSION

GOVE ASSOCIATES, INC.
KALAMAZOO, MICHIGAN

* LOWER UTILITY COSTS THROUGH
GROUPING OF INDUSTRIES
* SUFFICIENT OFF-STREET EMPLOYEE AND
VISITOR PARKING
* IMPROVED EMPOYEE MORALE AND
EFFICIENCY BECAUSE OF ATTRACTIVE
PLANT LAYOUT AND OTHER AMENITIES
* CONTROLLED USE OF LAND
* OPTIMUM PUBLIC RELATIONS AND
ACCEPTANCE (A GOOD NEIGHBBOR)
-34-

#3607508v1

Page 93 of 244

#3607508v1

Page 94 of 244

IX. Residential/Commercial

The Cass County Planning Department has designated four possible
ways in which the County might grow. Each growth pattern has certain
implications for Penn Township. The first pattern is the “trends” plan
that calls for a continuation of existing growth patterns. The second
pattern is “the lineal plan” which has development occurring along
major roadways between major population centers. The third is the
“radial plan” in which development occurs along all federal, state and
county highways. The fourth pattern or “satellite communities plan”
concentrates development into already existing urban areas.

Four residential/commercial models for growth in Penn Township have
been considered and are each shown in this land use plan. These
potential growth plans bear a similarity to the Cass County proposals,
but are given here in more detail. 1. A scatteration plan in which
haphazard development occurs; 2. A lineal pattern between Cassopolis
and Vandalia; 3. Development adjacent to existing lake development;
and 4. Development removed from the lake areas, yet still conceivably
serviceable by sanitary sewer should it occur in the lake areas.

-35Criteria
The criteria considered in determining placement of residential
neighborhoods are:
#3607508v1

Page 95 of 244

1.

Suitability of soils and slopes

2.

Availability of utilities

3.

Availability of community services (police, fire, etc.)

4.

Availability of amenities

Further standards must be adhered to in the development of new
neighborhoods:
1.

Residential areas should be developed in an attractive manner.

2.

No low-density residential areas should occur along major
thoroughfares, but with access to local streets off the main
highway.

3.

Various types of residential neighborhoods should be established
as low, medium and high-density developments.

4.

High-density neighborhoods should be close to major highways
with adequate parking and open space provided.

Amount of Proposed Residential
The numbers of new households planned for, from 1970 to 2000 is as
follows:
Low estimate
Medium est.

42

84

126

168

210

252

High est.

45

90

135

181

226

271

-36-

250 new households are being used in this report for planning purposes;
and the following ranges of densities are being used.
Low-density 2-4 households/acre
Medium density 4-7 households/acre

#3607508v1

Page 96 of 244

High-density 7-10 households/acre

The following chart shows the acreage needed for residential use at
various densities if all 250 units were of one type.
Density DU/ACRE

Acres Needed

3

83

5.5

45

8.5

29

It is obvious from this breakdown that a relatively small number of
acres will be needed to take care of Penn Township’s housing needs
over the next 20-25 years. The range will be from 29 to 83 acres
depending on the amounts of various housing types. Eighty-three acres
is just over 1/8 of a square mile.

Amount of Proposed Commercial
The standard amount of land reserved for neighborhood commercial is
from one to two acres per thousand residents. In Penn Township this
standard would imply that no more than a few acres will be needed. It

-37is important that these areas be placed within walking or easy driving
distances of new population concentrations to allow the residents to
access to such convenience stores as drug stores, grocery stores and
laundromats.
Evaluation of Land Use Alternatives

#3607508v1

Page 97 of 244

1) The advantage of the Scatteration Plan is that allows people to live
where they want. The main and overwhelming disadvantage is the
virtual impossibility of providing services, utilities, and amenities over
such a diverse and extensive area.
2) The Linear Plan allows residents easy access to main roads, but this
benefit is also a disadvantage. With all the major functions along a
main highway, traffic problems may become rampant, causing
congestion and unsafe conditions with people continually pulling off
and onto the main highway. Problems also occur with regard to utility
service to a linear development since the main line would have to
extend through the entire area. With large sized utility lines this can
becomes disproportionately expensive.
3) New development adjacent to the lakes has two advantages. Firstsanitary sewer service would be less expensive if a collection system
were to be designed for the lake areas.

-38-

Second-designating higher uses such as residential in the vicinity of
the lakes will protect lake residents against less desirable uses. These
advantages however, must be weighed against the disadvantage
resultant of a greater population concentration.
4) New development removed from lake areas may be
accomplished by designating intermediate lands a open space and
allowing only agriculture to occur in those zones. Although this
plan may initially prevent more intensive development along the

#3607508v1

Page 98 of 244

lake, it may prove unenforceable to the point that the Township will
be able to exert little control over what kinds of development occur
adjacent to the lakes. Other considerations are: the greater expense
of installing sewer and water service; and the food farmland that
would have to be utilized in areas away from the lakes.

-39-

#3607508v1

Page 99 of 244

-40-

#3607508v1

Page 100 of 244

-41-

#3607508v1

Page 101 of 244

-42-

#3607508v1

Page 102 of 244

-43Page 103 of 244

Proposed Residential and Commercial Plan

The proposed plan designates for residential usage some new areas in
addition to those areas already developed. Low-density development
(single-family) has been proposed adjacent to lakefront subdivisions to
allow high quality housing near the lake and to prevent the intrusion of
less desirable uses. Medium-density has been proposed along Decatur
Road in the vicinity of the existing mobile home park. Although this
area is over a mile from the lake, it may prove feasible to serve it with
public utilities. High-density (multi-family) has been proposed in the
triangle bounded by Decatur Road, Geneva Street and M-60. This spot
is advantageous because:
1.

It can be served by sanitary sewer.

2.

It is separated from the single family housing along the
lake.

3.

It is located along a state highway that can accommodate
traffic without it being on existing residential streets.

In this plan more land has been provided for each residential use than is
necessary to reach the 250 projected new housing units. This has been
done to allow potential developers a reasonable choice since not all

Page 104 of 244

-44landowners whose properties have been designated a certain use will
necessarily want to develop their lands within the planning period.
The following indicates a possible mixture of acreage of land needed for
each housing type/density.
Density

Unit/Acre

Acres to be Utilized

Units

Low

2-4

50 acres

150

Medium

4-7

10 acres

60

High

7-10

5 acres

40 .

65 acres

250

-45Page 105 of 244

Page 106 of 244

Village of Vandalia

The Village of Vandalia has a small commercial strip along
M-60 consisting of stores, taverns and a service station. Except For the
Township Hall and Fire Station, Vandalia is predominately singlefamily housing with open areas of undeveloped landscape. The housing
in Vandalia generally appears older than the housing throughout the rest
of the Township and some of it has become deteriorated. In terms of
future land use, we recommend that commercial be maintained along
M-60 near the Village center and that single-family housing be allowed
on that land which has already been platted. The possibility of
developing a recreational area in the Northwest part of the Village by
damming up the existing creek should be explored by the Village
Council. Also the possibility exists for the development of playground
facilities on Township property in the vicinity of the Township Hall.
The location of an industrial zone just to the East of Vandalia should be
useful in providing the residents of Vandalia the possibility of
employment a short distance away. An indept study of the Village of
Vandalia is recommended to further explore solutions to both social and
physical development problems.

-47#3607508v1

Page 107 of 244

IX.

Community Facilities

Page 108 of 244

Schools – the great majority of Penn Township is within the
Cassopolis school system, while a few sections in the Northeast lie
within the Marcellus school system. The Cassopolis system also
includes parts of LaGrange, Pokagon and Jefferson Townships.
Presently the enrollment within these schools is 11% above capacity,
with capacity being set by the Cass County Comprehensive Plan
based on each student receiving adequate access to educational
facilities. In this school system there are six schools serving students
from elementary to high school age, two are in Penn Township.
SCHOOL

GRADE

Vandalia (East of Village of Vandalia
in Penn Township)

K-1

Geneva (in Penn Township)

2

Squires

3-6

Red Brick

7

Brookside

8

Cassopolis High

9-12

Assuming 0.8 elementary school students per household and 0.2 high
school students per household, the next 25 years will bring another 100
elementary school students and 25 new high school students into Penn
Township. Over a similar time period the whole Cassopolis school
system should grow by almost 600. The Cass County Comprehensive
-48-

-49Page 109 of 244

Plan calls for an elementary school West of Cassopolis and a high school
to the South of Cassopolis. Because Cassopolis is a rural school system
with schools spread throughout various communities, it is not practical
for Penn Township to adopt a neighborhood school concept that is
traditionally utilized in larger urban areas. Cass County’s proposal
(assuming the elementary school will be K-8) should serve the needs of
Penn Township and the balance of the Cassopolis school system over the
next decades.
Police Protection – Penn Township is within the jurisdiction of the Cass
County Sheriff’s Department, which is located in the County seat,
Cassopolis.
Fire Protection – Almost all the populated areas of Penn Township are
within the Cassopolis Fire District or the Penn Township Fire District.
Fire stations located in Cassopolis and Vandalia can serve areas within a
three-mile radius most efficiently. The only areas of the Township not
within the three-mile radius are some of the sections North of Penn with
lower population densities.
Hospitals – According to the Cass County Comprehensive Plan, County
residents do not have adequate hospital facilities. Presently there is a
hospital in Dowagiac, and a county medical facility and a privately
owned medical clinic in Cassopolis. The Cass County Plan

-49-

Page 110 of 244

recommends the construction of a centrally located facility to serve
county residents. This facility when built will serve the residents of
Penn Township.

-50-

Page 111 of 244

XI.

Recreation and Open Space
Diamond Lake and Donnell Lake are two focal points with

respect to recreational activities in the Township. Many residents own
homes which front directly on the lakes while others living on the
back lots of lake subdivisions can utilize those lake front lots deeded
as private parks. A public fishing site has also been provided at each
lake to allow access to those residents who live elsewhere in the
Township. In addition to the recreation potential of Diamond and
Donnell Lakes, the State of Michigan owns property near the Eastern
boundary of the Township in the vicinity of Belas and Kirk Lakes.
A public boat landing now exists on the Northeast bank of Kirk Lake.
Just outside Penn Township to the Southeast, the Michigan State
Department of Natural Resources is planning to develop a 600-acre
nature preserve for hiking, camping, and nature study. The park may
eventually be dedicated to the County.
Vandalia is the only existing population cluster in the Township
without immediate access to recreational facilities. We propose that
the Village of Vandalia study the possibility of creating a lake in the
Northwest part of the Village by reconstructing a dam on the existing
creek. This area was the old millpond area at one time; its reuse may
be historically significant to the area. Such a lake could serve as a

-51-

Page 112 of 244

basis for more intensive recreational activity in the Village. We also
propose that the Township consider utilizing some of its property in
Vandalia as an outdoor recreational center for Vandalia residents with
facilities provided for various athletic activities.
Two historical markers commemorating the underground
railroad exist in the Township. One stands at a small roadside park
just West of Vandalia on M-60, the other in front of the church at the
corner of M-60 and Crooked Creek Road.
Open space should be utilized most effectively as a narrow
buffer zone to prevent a lower use from infringing on a higher
use (i.e. a several hundred foot strip between residential and
industrial uses). The greater the width of such a zone, however,
the more unenforceable its preservation becomes, since it is
difficult to restrict the development of a large parcel of land.

Page 113 of 244

-52-

Page 114 of 244

Page 115 of 244

-53- XII.

Utilities

At the present time there is no public sewer or water in Penn
Township, with septic tanks and private wells providing these utilities.
A plan for public sewer and water in the Diamond Lake area and the
Vandalia/Donnell Lake area was considered by the “Cass County,
Michigan – Comprehensive Area-Wide Plan for Water and Services
1967.” Sewer and water lines would completely encircle Diamond
Lake, while the Vandalia/Donnell Lake Area would be fully served by
sanitary sewer facilities and partially served by water lines. A current
preliminary report is now being prepared on the Diamond Lake Area
for sanitary sewer feasibility. Although a study would have to be
made to assure the feasibility of serving the other areas, it is important
that public sewer and water be implemented to prevent the further
pollution of Diamond Lake and Donnell Lake. The waters of Penn
Township are a precious commodity and people have built some
beautiful homes along the scenic lakefronts. Residents should see the
construction of these facilities as a means of preserving the value of
their property investments in Penn Township although the cost of such
projects could range up to $2,500 to $4,500 per home. Much of this
cost, however, could be diverted from the lake front residents through
grants-in-aid.

-54-

Page 116 of 244

Several possibilities for wastewater treatment and disposal have been
considered prior to this time:
1.

Local treatment facility or facilities.

2.

Centralized treatment plan to serve Penn Township and
other Cass County communities.

3.

Treatment in South Bend (20 miles from Penn Township)
Whether a wastewater collection system in Penn Township were to

have its own treatment facility or would pipe its sewage to a larger plant
is dependent on local treatment costs, piping costs to other areas, and the
quality of treatment locally and elsewhere. These questions are the
subject of the preliminary feasibility studies now under consideration by
the area Townships.

-55-

Page 117 of 244

Page 118 of 244

-56-

XIII. Transportation
The Cass County Comprehensive Plan has presented a transportation
plan that proposes new road construction, so that primary thoroughfares
bypass the population while passing through the
County. Penn Township is affected by a proposed revision of M-60’s
route and by the connection of Decatur and Crooked Creek Roads.
The plan calls for M-60 to turn to the Southwest just North of Donnell
Lake by-passing the Village of Vandalia, then proceeding South of
Diamond Lake and Cassopolis, rejoining existing M-60 West of
Cassopolis. The plan also proposes a shift in alignment for Decatur
Road at Quaker Road with the new road eventually joining crooked
Creek Road and proceeding South.
There are certainly advantages in having state highways and county
roads bypassing population centers, since travelers can proceed
unobstructed through the county. Most population centers in the vicinity
of Penn Township, however, are relatively small and do not seriously
encumber the movement of traffic. The projections for growth indicate
no future problem in Penn Township’s Transportation System. The Cass
County Transportation Plan as it affects Penn Township is included here,
however, the implementation of this plan rests with Cass County Road
Commission.
-57-

Page 119 of 244

-58-

Page 120 of 244

Page 121 of 244

Page 122 of 244

Page 123 of 244

IMPLEMENTATION
XIV. Community Participation and Enforcement
Once this plan has been adopted by the Penn Township
Planning Commission, there will be several means of implementation:
1.

Zoning

2.

Subdivision Control Ordinance

3.

Other Ordinances

4.

Programs for Public Works

5.

Community Support

Zoning – The zoning ordinance is a powerful vehicle in facilitating
the transition of a land use concept to reality. By incorporating a zoning
ordinance that corresponds with the land use plan and enforcing it without
variance (exception), Penn Township’s leaders and citizens will find that
their community can be protected from undesirable development or the
juxtaposition of incompatible land uses. Such an ordinance can protect the
highly valued agricultural lands of Penn Township from unnecessary
encroachment and maintain residential neighborhoods in such areas that
can be served by utilities and amenities. The zoning ordinance does not
only provide for the location of new developments, but specifies the
manner in which development must occur (i.e. industrial park
development). The land use plan for a community is important as a
document that indicates

-59-

Page 124 of 244

the present state of the community, and comprehensively charts a future
course, while the zoning ordinance insures the orderly growth sough
after in the plan.
Subdivision Control Ordinance – Although the Michigan State
Subdivision Control Act of 1967, Public Act 288, spells out the
specifications for subdivision design and procedures for plat approval,
it is necessary for a Township to adopt a subdivision control ordinance
to specify further those requirements indigenous that particular
community and to establish the framework for suitable township
review of any preliminary or final plat. The subdivision ordinance can
exert control over lot sizes, street right-of-ways, circulation patterns,
easements, storm drainage specifications and provision for utilities. In
conjunction with the zoning ordinance, the subdivision control
ordinance can become a useful means of insuring orderly growth in
tune with the public health, safety, and welfare.
Other Ordinances – The community can adopt other types of
ordinances to implement the land use plan such as one that could
require industries to utilize only treatment plants either municipal or
private, in the disposal of their wastes. The community also enforces
county, state and federal laws and ordinances where applicable i.e. state
pollution control.
-60-

Page 125 of 244

Programs for Public Works – Certain items of concern in the land use
plan will be difficult for the township to finance on its own.
Fortunately, grants are available that would permit government agencies
to take over at least part of the burden in financing various types of
projects.
For example, the Michigan State Department of Natural Resources
finances certain local recreational projects such as public boat launches
on the basis of the state paying 90%, local paying 10%. In addition,
the public sewer and water systems for Diamond Lake and the Donnell
Lake/Vandalia area might be financed through the Cass County
Department of Public Works.
Community Support – No plan can totally succeed without the
support of the Local residents. In the next 20 years the number of
year-round and part-time residents will increase from under 3000 to
close to 4000. It is essential that all citizens, whether they live in
Penn To0wnship year-round or only on weekends, participate in the
planning process. The support needed is not merely a rubberstamping of the intent and details of the Land Use Plan, but
continue communication with local officials, either on an individual
basis

-61-

Page 126 of 244

or through the formation of citizen committees and interest
groups.
Actions
1.

Identify by study committee those land parcels from tax
records that are deemed essential to continued Agricultural
development and those that are not.

2.

Enact a zoning ordinance in conjunction with the land use
plan, which will specify those areas to be used for the
particular uses – agricultural, single-family residential,
mobile home residential, multiple-family residential,
commercial, industrial and recreational.

3.

Include within the zoning ordinance: minimum lot sizes,
amount of open lot space required for multiple uses, the
maximum height of buildings allowed for a particular use,
specifications for industrial park development, planned unit
development provisions, and site plan review procedures.

4.

Stipulate within the zoning ordinance maximum densities
per square mile by zoning district to promote the creation of
reasonable development patterns.

Page 127 of 244

-625.

Enforce the zoning ordinance without variance to limit
future development to designated zones.

6.

Adopt a subdivision control ordinance to maintain a high
quality environment.

7.

Encourage the designing of attractive neighborhood and
community commercial centers with adequate numbers of
parking spaces provided.

8.

Draft an ordinance requiring all industry to connect to or
develop municipal level water and sewer facilities.

9.

Make application for Bureau of Recreation and
Department of Natural Resources grant-in-aid monies for
recreation development in Penn Township.

10.

Utilize public hearings as a means of educating the public
concerning relevant issues and also as a means of
obtaining public opinion.

11.

Finance a public sewer and water system in the Diamond
Lake and Donnell Lake/Vandalia areas through the Cass
County Department of Public Works.

Page 128 of 244

-6312.

Encourage pride in the family farm tradition established in
Penn Township.

13.

Support community social activities to promote understanding
and compatibility between the agricultural and nonagricultural sectors of the Township.

Page 129 of 244

-64-

Page 130 of 244

PENN TOWNSHIP
ZONING ORDINANCE

Penn Township Planning Commission
Adopted: February 9, 1976
Revised: October 10, 1983
Amended: As listed in Appendix A

Page 131 of 244

PENN TOWNSHIP ZONING ORDINANCE
ARTICLE 1 TITLE, PURPOSES AND LEGAL CLAUSES ............................................
Section 1.01 Title ......................................................................................................
1.02 Purposes ...............................................................................................
1.03 Validity and Severalty Clause ..............................................................
1.04 Conflict with Other Laws.....................................................................
1.05 Effective Date.......................................................................................
1.06 Filing a Petition of Submission of Ordinance to Electors....................

Page
1
1
1
2
2
2
3

ARTICLE 2 ADMINISTRATION AND ENFORCEMENT.............................................
Section 2.01 Purpose .................................................................................................
2.02 Administration......................................................................................
2.03 Duties of a Building Inspector .............................................................
2.04 Building Permit ....................................................................................
2.05 Violations .............................................................................................
2.06 Penalties ...............................................................................................

4
4
4
4
5
8
8

ARTICLE 3 ZONING BOARD OF APPEALS.................................................................
Section 3.01 Board of Appeals Established ..............................................................
3.02 Membership, Terms of Office ..............................................................
3.03 Rules of Procedure, Majority Vote ......................................................
3.04 Meetings ...............................................................................................
3.05 Public Meetings and Minutes...............................................................
3.06 Powers and Duties................................................................................
3.07 Variance ...............................................................................................
3.08 Voiding of any Reapplication for Variance .........................................
3.09 Procedure for Appealing to the Board of Appeals ...............................

10
10
10
10
10
10
11
11
12
12

ARTICLE 4 AMENDMENT PROCEDURE.....................................................................
Section 4.01 Initiating Amendments and Fees..........................................................
4.02 Amendment Procedure .........................................................................
4.03 Conformance to Court Decree..............................................................

14
14
14
16

ARTICLE 5 GENERAL PROVISIONS ............................................................................
Section 5.01 Establishment of Districts ....................................................................
5.02 Provision for Official Zoning Map.......................................................
5.03 Changes to Official Zoning Map..........................................................
5.04 Authority of Official Zoning Map........................................................
5.05 Replacement of Official Map ...............................................................
5.06 Interpretation of Zoning Districts.........................................................
5.07 Application of Regulations...................................................................

17
17
17
17
17
18
18
19

Page 132 of 244

(Continued)
Page
ARTICLE 6 SUPPLEMENTAL REGULATIONS............................................................
20
Section 6.01 Purpose .................................................................................................
20
6.02 Accessory Building ..............................................................................
20
6.03 Lot-Building Relationship....................................................................
20
6.04 Accessory Building as Dwelling ..........................................................
20
6.05 Basement as Dwellings ........................................................................
21
6.06 Required Water Supply and Sanitary Sewerage Facilities...................
21
6.07 Greenbelt Buffer...................................................................................
21
6.08 Access to a Street .................................................................................
21
6.09 Visibility at Intersections .....................................................................
21
6.10 Street Closures......................................................................................
22
6.11 Height Regulations...............................................................................
22
6.12 Fences, Walls, and Screens ..................................................................
22
6.13 Shoreline Excavation and Dredging.....................................................
22
6.14 Essential Services.................................................................................
22
6.15 Swimming Pools...................................................................................
23
6.16 Continued Conformance with Regulations ..........................................
23
6.17 Tillage of Soil.......................................................................................
23
6.18 Procedure for Site Plan Review ...........................................................
23
6.19 General Sign Regulations.....................................................................
24
6.20 Permitted Signs in Agriculture and Agriculture-Residential ...............
25
6.21 Permitted Signs in Residential Districts...............................................
25
6.22 Permitted Signs in the Commercial and Industrial Districts ................
26
6.23 Outdoor Advertising Signs...................................................................
26
6.24 Individual Mobile Homes and Manufactured Homes, Type II ............
27
6.25 Open Space Preservation......................................................................
28
ARTICLE 7 NONCONF0RMING BUILDINGS AND USES ..........................................
Section 7.01 Nonconforming Uses of Land ..............................................................
7.02 Nonconforming Uses of Buildings.......................................................
7.03 Nonconforming Buildings....................................................................
7.04 Illegal Nonconforming Uses and Buildings .........................................
7.05 Plans Already Filed ..............................................................................
7.06 Classes of Nonconforming Uses of Structures and Land.....................
7.07 Purchase of Nonconforming Buildings ................................................
7.08 Change of Tenancy or Ownership........................................................

30
30
30
30
31
31
31
32
32

ARTICLE 8 CONDITIONAL USES .................................................................................
Section 8.01 Purpose .................................................................................................
8.02 Authority to Grant Permits...................................................................
8.03 Application and Fee .............................................................................
8.04 Data, Exhibits and Information Required in Applications...................
8.05 Public Hearing......................................................................................
8.06 Required Standards and Findings for Making Determinations............

33
33
33
33
33
34
34

Page 133 of 244

(Continued)
Junkyards and Inoperative Vehicles.....................................................
Sanitary Land Fill.................................................................................
Development of Natural Resources......................................................
Planned Unit Residential Developments..............................................
Essential Service Buildings..................................................................
Site Condominiums ..............................................................................
Public Facilities ....................................................................................

Page
34
35
35
36
38
38
38

ARTICLE 9 PARKING AND LOADING REQUIREMENTS .........................................
Section 9.01 Off Street Parking.................................................................................
9.02 Loading-Unloading Requirements .......................................................

39
39
43

ARTICLE 10 “A” AGRICULTURAL DISTRICT ..............................................................
Section 10.01 Purpose .................................................................................................
10.02 Permitted Uses......................................................................................
10.03 Conditional Uses ..................................................................................
10.04 Regulations...........................................................................................

45
45
45
46
47

ARTICLE 11 “A-R” AGRICULTURAL-RESIDENTIAL DISTRICT...............................
Section 11.01 Purpose .................................................................................................
11.02 Permitted Uses......................................................................................
11.03 Conditional Uses ..................................................................................
11.04 Height Regulations...............................................................................
11.05 Area, Width and Yard Regulations ......................................................
11.06 Site Development Standards for Farms................................................
11.07 Off-Street Parking ................................................................................
11.08 Signs .....................................................................................................
11.09 Livestock—Special Provision ..............................................................

48
48
48
48
49
49
50
50
50
50

ARTICLE 12 “R-1” LOW DENSITY RESIDENTIAL DISTRICTS..................................
Section 12.01 Purpose .................................................................................................
12.02 Permitted Uses......................................................................................
12.03 Conditional Uses ..................................................................................
12.04 Regulations...........................................................................................

51
51
51
51
52

ARTICLE 13 “R-2” HIGH DENSITY RESIDENTIAL DISTRICTS.................................
Section 13.01 Purpose .................................................................................................
13.02 Permitted Uses......................................................................................
13.03 Conditional Uses ..................................................................................
13.04 Regulations...........................................................................................

55
55
55
55
55

ARTICLE 14 “R-3” MOBILE HOME PARK DISTRICT ..................................................
Section 14.01 Purpose .................................................................................................
14.02 Permitted Uses......................................................................................

58
58
58

8.07
8.08
8.09
8.10
8.11
8.12
8.13

Page 134 of 244

(Continued)
14.03 Conditional Uses ..................................................................................
14.04 Regulations...........................................................................................
ARTICLE 15 “C” COMMERICAL .....................................................................................
Section 15.01 Purpose .................................................................................................
15.02 Permitted Uses......................................................................................
15.03 Conditional Uses ..................................................................................
15.04 Regulations...........................................................................................

Page
58
58
65
65
65
65
66

ARTICLE 16 “I-1” INDUSTRAIL PARK DISTRICT........................................................
Section 16.01 Purpose .................................................................................................
16.02 Permitted Uses......................................................................................
16.03 Conditional Uses ..................................................................................
16.04 Regulations...........................................................................................
16.05 Prohibited Uses ....................................................................................
16.06 Review Procedures...............................................................................

68
68
68
68
68
70
70

ARTICLE 17 “I-2” INDUSTRIAL PARK DISTRICT........................................................
Section 17.01 Purpose .................................................................................................
17.02 Permitted Uses......................................................................................
17.03 Conditional Uses ..................................................................................
17.04 Regulations...........................................................................................
17.05 Prohibited Uses ....................................................................................
17.06 Review Procedures...............................................................................

71
71
71
71
71
71
72

ARTICLE 18 CONSTRUCTION OF LANGUAGE AND DEFINITIONS ........................
Section 18.01 Rules Applying to Text ........................................................................
18.02 Definitions............................................................................................
18.03 Open Space Definitions........................................................................

73
73
73
82

ARTICLE 19 LAKE COMMERCIAL/RESIDENTIAL DISTRICT...................................
19.01 Purposes ...............................................................................................
19.02 Permitted Uses......................................................................................
19.03 Conditional Uses ..................................................................................
19.04 Regulations...........................................................................................

83
83
83
83
83

APPENDIX A
AMENDMENTS

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

i

Page 135 of 244

ARTICLE 1. TITLE, PURPOSES AND LEGAL CLAUSES

Section 1.01 TITLE
This Ordinance shall be known and may be cited as ‘THE 1976 ZONING ORDINANCE OF
PENN TOWNSHIP”.

Section 1.02 PURPOSES
A. Promoting and protecting the public health, safety and general welfare.
B. Protecting the character and the stability of the agricultural, recreational, residential,
commercial and other areas within the Township and promoting the orderly and beneficial
development of such areas.
C. Regulating the intensity of use of land and lot areas and determining the area of open spaces
surrounding buildings and structures necessary to provide adequate light and air to protect
the public health and convenience of access to property.
D. Lessening and avoiding congestion on the public highways and streets.
E. Providing for the needs of agriculture, recreation, residence, commerce and other land uses in
future growth.
F. Fixing reasonable standards to which buildings and structures shall conform.
G. Prohibiting uses, buildings, or structures which are incompatible with the character of
development or the uses, buildings or structures permitted within specified zoning districts.
H. Preventing such additions to or alterations or remodeling of existing buildings or structures in
such a way as to avoid the regulations and limitations imposed hereunder.
I. Protecting against fire, explosion, noxious fumes and odors, dust, smoke, glare, noise and
other nuisances and hazards in the interest of the public health, safety and general welfare.
J. Preventing the overcrowding of land and undue concentration of buildings and structures so
far as is possible and appropriate in each zoning district by regulating the use and bulk of
buildings in relation to the land surrounding them.
K. Conserving the taxable value of land, buildings and structures throughout the Township.
L. Providing for the completion, extension, substitution or elimination of nonconforming uses.
M. Creating a Board of Appeals and defining the powers and duties thereof.

1
Page 136 of 244

N. Designating and defining the powers and duties of the official or officials in charge of the
administration and enforcement of this Ordinance.
O. Providing for the payment of fees for building permits.
P. Providing penalties for the violation of this Ordinance.

Section 1.03 VALIDITY AND SEVERALTY CLAUSE
If any court of competent jurisdiction shall declare any part of this Ordinance to be invalid, such
ruling shall not affect any other provisions of this Ordinance not specifically included in said
ruling.
If any court of competent jurisdiction shall declare invalid the application of any provision of
this Ordinance to a particular land, parcel, lot, district, use, building or structure, such ruling
shall not affect the application of said provision to any other land, parcel, lot, district, use,
building or structure not specifically included in said ruling.

Section 1.04 CONFLICT WITH OTHER LAWS
A. Where any condition imposed by any provision of this Ordinance upon the use of any lot,
building, or structure is either more restrictive or less restrictive than any comparable
condition imposed by any other provision of this Ordinance or by the provision of any
ordinance adopted under any other law, the provision which is more restrictive or which
imposes a higher standard or requirement shall govern.
B. This Ordinance is not intended to abrogate or annul any easement, covenant, or other private
agreement provided that where any provision of this Ordinance is more restrictive or imposes
a higher standard or requirement than such easement, covenant, or other private agreement,
the provision of this Ordinance shall govern.

Section 1.05 EFFECTIVE DATE
This Ordinance was adopted by the Township Board of the Township of Penn, Cass County,
Michigan, at a meeting held on the 9th day of February, 1976, and ordered published in the
Cassopolis Vigilant, a newspaper having general circulation in said Township, as required by
Act 191 of the Public Acts of 1939, as amended.

2
Page 137 of 244

1

Section 1.06 FILING A PETITION OF SUBMISSION OF ORDINANCE TO ELECTORS

Within seven (7) days after publication of a change to any part of this zoning ordinance, a
registered elector residing in the portion of the Township outside of the limits of cities and
villages may file with the Township Clerk a notice of intent to file a petition under this section.
If a notice of intent is filed, then within thirty (30) days following the publication of the
changes(s) to this zoning ordinance, a petition signed by a number of registered electors residing
in the portion of the Township outside the limits of cities and villages equal to not less than ten
(10%) of the total vote cast for all candidates for governor, at the last preceding general election
at which a governor was elected, in the Township may be filed with the Township Clerk
requesting the submission of the Ordinance change(s) to the electors residing in the portion of
the Township outside of the limits of cities and villages for their approval. Upon the filing of a
notice of intent, the Ordinance change(s) adopted by the Township Board shall not take effect
until one (1) of the following occurs:
A. The expiration of thirty (30) days after publication of the changes(s) to this Ordinance, if a
petition is not filed in that time.
B. If a petition is filed within thirty (30) days after publication of the changes(s) to this
Ordinance, the Township Clerk determines that the petition is inadequate.
C. If a petition is filed within thirty (30) days after publication of the changes(s) to this
Ordinance, the Township Clerk determines that the petition is adequate and the changes(s) to
this Ordinance is approved by the majority of the registered electors residing in the portion of
the Township outside the limits of cities and villages voting thereon at the next regular
election which supplied reasonable time for proper notice and printing of ballots, or at any
special election called for that purpose. The Township Board shall provide the manner of
submitting the changes(s) to this Ordinance to the electors for their approval or rejection, and
determining the result of the election.

1

Amendment 4 – See Appendix A

3
Page 138 of 244

ARTICLE 2. ADMINISTRATION AND ENFORCEMENT

Section 2.01 PURPOSE
It is the purpose of this Article to provide the procedures for the administration of the Ordinance,
issuance of permits, inspection of properties, collection of fees, handling of violators and
enforcement of the provisions of this Ordinance and amendments thereto.

Section 2.02 ADMINISTRATION
The provisions of this Ordinance shall be administered by the Township Planning Commission
and the Township Board in accordance with the State of Michigan Township Rural Zoning Act,
Act 184 of the Public Acts of 1943, as amended, and the Township Planning Commission Act,
being Act 168 of the Public Acts of 1959, as amended.
The Township Board shall employ a Building Inspector to act as its officer to effect proper
administration of this Ordinance. The individual selected, the terms of employment, and the rate
of compensation shall be established by the Township Board. For the purpose of this Ordinance,
the Building Inspector shall have the powers of a police officer.
In the absence of the Building Inspector, the Township Clerk or other Township officer, as
designated by the Township Board, shall assume all the powers and duties of the Building
Inspector.

Section 2.03 DUTIES OF A BUILDING INSPECTOR
A. Review all applications for building permits and approve or disapprove such applications
based on compliance with the provisions of this Ordinance and shall approve issuance of the
permit if the use and the requirements of this Ordinance are met.
B. Receive all applications for conditional use permits, conduct field inspections, surveys, and
investigations, prepare maps, charts, and other pictorial materials when necessary or
desirable, and otherwise process applications so as to formulate recommendations, and notify
the applicant, in writing of any decision of the Township Board.
C. Receive all applications for appeals, variances, or other matters which the Zoning Board of
Appeals is required to decide under this Ordinance, conduct field inspections, surveys, and
investigations, prepare maps, charts and other pictorial materials when necessary or
desirable, and otherwise process applications so as to formulate recommendations to the
Zoning Board of Appeals for determination.
D. Receive all applications for amendments to this Ordinance, conduct field inspections, surveys
and investigations, prepare maps, charts and other pictorial materials when necessary or

4
Page 139 of 244

desirable, and otherwise process applications so as to formulate recommendations, and report
to the Township Planning Commission all such applications together with recommendation.
E. The Building Inspector shall be responsible to update the Township Zoning Map and keep it
current.
F. The Building Inspector shall prepare and submit to the Township Board a written record of
all building permits issued during each month. The record shall state the owner’s name,
location of property, intended use and estimated cost of construction for each permit.
G. Maintain written records of all actions taken by the Building Inspector.
H. Be responsible for providing forms necessary for the various applications to the Building
Inspector, Planning Commission, Township Board or Zoning Board of Appeals as required
by this Ordinance and shall be responsible for which information is necessary on such forms
for the effective administration of this Ordinance, subject to the general policies of the
Township Board, Planning Commission and Zoning Board of Appeals.

Section 2.04 BUILDING PERMIT
A. Building Permit Requirements: A building permit is required for and shall be obtained after
the effective date of this Ordinance from the office of the Building Inspector or his agent by
the owner or his agent for the following conditions:
1. The construction, enlargement, alteration, or moving of any dwelling, building, or
structure or any part thereof, being used or to be used for agricultural, residential,
commercial, or industrial purposes.
2. Agricultural buildings and structures to insure proper placement on a lot or parcel of land.
3. Accessory buildings valued at less than $500 and portable structures necessary to an
agricultural operation shall not require a building permit as long as the placement of said
buildings conform to the setback and height requirements of the district in which they are
located.
4. Repairs of a minor nature or minor alterations which do not change the use, occupancy,
area, structural strength, fire hazard, fire protection, exits, light and ventilation of a
building shall not require a building permit.
B. Application for a Building Permit: Application for a building permit shall be made in writing
upon a blank form furnished by the Building Inspector and shall state the name and address
of the owner of the building and the owner of the land upon which it is to be erected,
enlarged, altered, or moved. The application shall contain a site layout or plot plan showing:

5
Page 140 of 244

1. The location, shape, area and dimensions for the lot, lots, or acreage.
2. The location of the proposed construction upon the lot, lots, or acreage affected.
3. The dimensions, height and bulk of structures.
4. The nature of the proposed construction, alteration, or repair and the intended use.
5. The proposed number of sleeping rooms, dwelling units, occupants, employees,
customers and other uses.
6. The present use of any structure affected by the construction or alteration.
7. The yard open area and parking space dimensions, if applicable.
8. The proposed design and construction standards of parking spaces, if applicable.
9. The number of loading and unloading spaces provided, if applicable.
10. Any other information deemed necessary by the Building Inspector to determine and
provide for the enforcement of this Ordinance. If the information shown on the site
layout is in compliance with the above requirements and all other provisions of this
Ordinance, the Building Inspector shall issue a building permit upon payment of the
required building permit fee.
11. A valid permit from the Cass County Health Department for the construction of the
proposed water and sewage system.
C. Voiding of Permit: Any building permit granted under this Section shall be null and void
unless the development proposed shall have its first inspection within ninety (90) days from
the date of the granting of the permit. The Building Inspector shall make every effort to
notify the holder of a permit that is liable for voiding action before voidance is actually
declared. The Building Inspector may suspend or revoke a permit issued in error or on a
basis of incorrect information supplied by the applicant or his agent or in violation of any of
the ordinances or regulations of the Township.
D. Fees, Charges and Expenses: The Township Board shall establish a schedule of fees, charges
and expenses and a collection procedure for building permits, appeals and other matters
pertaining to the Ordinance. The schedule of fees shall be posted in the Office of the
Building Inspector and may be altered or amended only by the Township Board. No permit,
certificate, conditional use on approval, or variance shall be issued until such costs, charges,
fees, or expenses listed in this Ordinance have been paid in full, nor shall any action be taken
on proceedings before the Board of Appeals until preliminary charges and fees have been
paid in full.

6
Page 141 of 244

E. Inspection: The construction or usage affected by any building permit shall be subject to the
following inspections:
1. At time of staking out of building foundation.
2. At time of completion of foundation before backfilling.
3. Upon completion of the work authorized by the permit.
It shall be the duty of the holder of every permit to notify the Building Inspector when
construction is ready for inspection. Upon receipt of such notification for the first inspection,
the Building Inspector shall determine whether the location of the proposed building, as
indicated by corner stakes, is in accordance with yard setbacks and other requirements of the
Ordinance. The Building Inspector shall issue his written approval at the time of inspection if
the building or proposed construction meets the requirements of this Ordinance. Should the
Building Inspector determine that the building or structure is not located according to the site
and construction plans filed, or is in violation of any provision of this Ordinance, or any other
applicable law, he shall so notify the holder of the permit, or his agent. Further construction
shall be stayed until correction of the defects set forth has been accomplished and approved
by the Building Inspector upon notice and request for reinspection duly made.
Should a building permit holder fail to comply with the requirements of the Building
Inspector at any inspection stage, the Building Inspector shall make report in writing such
failure to the Township Clerk. The Building Inspector shall cause notice of such permit
cancellation to be securely and conspicuously posted upon or affixed to the construction not
conforming to the Ordinance requirements and such posting shall be considered as service
upon and notice to the permit holder of cancellation thereof; and no further work upon said
construction shall be undertaken or permitted until such time as the requirements of this
Ordinance have been met. Failure of the permit holder to make proper notification of the
time for inspection shall automatically cancel the permit, requiring issuance of a new permit
before construction may proceed.
F. Any structure which, pursuant to the provisions of Act No. 230, Public Acts of Michigan of
1972 as amended (State Construction Code Act of 1972), is by state law exempt from the
building permit requirements therein contained as a building or structure incidental to the use
for agricultural purposes of the land on which the building is located and is not used in the
business of retail trade, shall likewise be exempt from the building permit requirements set
forth above. With respect to any structure exempt by state law from said building permit
requirements, a “certificate of zoning compliance” shall be required to be obtained from the
office of the building inspector or his agent by the owner or his agent on the following terms
and conditions.
1. Such owner, or his agent, shall, prior to commencement of any construction, make
application to the Township Building Inspector for a certificate of zoning compliance;

7
Page 142 of 244

2. The Building Inspector shall determine whether such structure is a building or structure
incidental to use for agricultural purposes of the land on which said building is to be
located and whether the same is to be used in the business of retail trade. The building
inspector may require such proof as shall be necessary to make such determination and
may require sworn affidavit of agricultural use in such form as may be prescribed by
resolution of the Township Board;
3. That the fees to be charged by the Building Inspector for the issuance of such certificate
of compliance shall be as established by resolution of the Township Board;
4. That, with respect to agricultural buildings or structures exempt from building permit
requirements by state law, the Township Building Inspector shall, prior to the issuance of
such certificate of compliance, determine that such proposed building or structure, or any
alterations to an existing building or structure shall, in all respects, be in compliance with
the requirements of this Zoning Ordinance, excepting only compliance with nationally
recognized construction or building codes from which the same are exempt by state law,
and including specifically such matters as setback, height and other restrictions;
5. That the exemption for buildings or structures incidental to agricultural use, as
established by Act No. 230, Public Acts of Michigan of 1972 as amended, shall, in no
event, be construed to limit or abrogate any code requirements relating to residence
homes or any other building or structure designed or to be used for human occupancy.

Section 2.05 VIOLATIONS
Any building or structure, including tents and mobile homes, which are erected, constructed,
reconstructed, altered, converted, maintained or used, or any use of land or premise which is
begun, maintained, or changed in violation of any provision of this Ordinance, are hereby
declared to be a nuisance per se.

Section 2.06 PENALTIES
Any person, or the agent in charge of such building or land, who violates, disobeys, omits,
neglects, refuses to comply with, or resists the enforcement of any provision of this Ordinance or
any amendment thereof, shall be fined upon conviction not more than one hundred dollars
($100), together with the cost of prosecution, or shall be punished by imprisonment in the county
jail and not more than ninety (90) days for each offense, or may be both fined and imprisoned as
provided herein. Each and every day during which any illegal erection, construction,
reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. The
Township Board, the Township Planning Commission, the Township Building Inspector, the
Board of Appeals, the Attorney of the Township, or any owner or owners of real estate with the
district in which such building, structure, or land is situated may institute injunction, mandamus,
abatement, or any other appropriate action, actions, or proceedings to prevent, enjoin, abate, or

8
Page 143 of 244

remove any said unlawful erection, construction, maintenance, or use. The rights and remedies
provided herein are cumulative and in addition to all other remedies provided by law.

9
Page 144 of 244

ARTICLE 3. ZONING BOARD OF APPEALS

Section 3.01 BOARD OF APPEALS ESTABLISHED
There is hereby established a Board of Appeals which shall perform its duties and exercise its
powers as provided by Section 18, Act 184 of the Public Acts of 1943 as amended, in such a way
that the objectives of this Ordinance shall be enforced, the public health and safety secured and
substantial justice done.

Section 3.02 MEMBERSHIP, TERMS OF OFFICE
The Board of Appeals shall consist of five (5) members. The first of such Board of Appeals
shall be the chairman of the Township Planning Commission, for the term of his office; the
second member shall be a member of the Township Board, appointed by the Township Board,
for the term of his office; and the three (3) additional members shall be selected and appointed
by the Township Board from among the electors residing in the unincorporated area of the
Township for a term of three (3) years provided that no elected officer of the Township, nor any
employee of the Township Board, may serve simultaneously as the additional member of or as
an employee of the Township Board of Appeals.

Section 3.03 RULES OF PROCEDURE, MAJORITY VOTE
The Board shall adopt its own rules of procedure as may be necessary to properly conduct its
meetings. The concurring vote of a majority of the members of the Board of Appeals shall be
necessary to reverse any order, requirement, decision, or determination of the administrative
official or to decide in favor of the applicant any matter upon which they are required to pass
under this Ordinance or to effect any variation in this Ordinance.

Section 3.04 MEETINGS
Meetings of the Board of Appeals shall be held at the call of the chairman and at such other
times as the Board in its rules of procedure may specify.

Section 3.05 PUBLIC MEETINGS AND MINUTES
All meetings of the Board of Appeals shall be open to the public. Minutes shall be recorded of
all proceedings which shall contain evidence and data relevant to every case considered, together
with vote and signature of each member and the final disposition of each case. The grounds of
every determination shall be stated and such determination from which the appeal is taken. Such
minutes shall accompany and be attached to the standard forms required of persons appealing as
part of the Zoning Board of Appeals permanent records. Such minutes shall be filed in the office

10
Page 145 of 244

of the Township Clerk and shall be sent promptly to the applicant or appellant and to the
Building Inspector. The Township Clerk may act as secretary of the Zoning Board of Appeals.
The Township Attorney shall act as legal counsel for the Board and shall be present at all
meetings upon the request of the Board. Other knowledgeable persons may also be utilized in
any advisory capacity.

Section 3.06 POWERS AND DUTIES
The Board of Appeals shall have powers to interpret the provisions of this Ordinance, to grant
variances from the strict application of any provisions of this Ordinance.

Section 3.07 VARIANCE
A variance from the terms of this Ordinance shall not be granted by the Board of Appeals unless
and until:
A. A written application for a variance is submitted, demonstrating:
1. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures, or buildings
in the same district.
2. That literal interpretation of the provisions of this Ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms of
this Ordinance.
3. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this Ordinance or other lands, structures, or buildings in the same
district.
4. That no nonconforming use of neighboring lands, structures, or buildings in the same
district, and no permitted use of lands, structures, or buildings in other district shall be
considered grounds for the issuance of a variance.
B. The Board of Appeals shall make findings that the requirements of the Ordinance have been
met by the applicant for a variance.
C. The Board of Appeals shall further make a finding that the reasons set forth in the application
justify the granting of the variance, and the variance is the minimum variance that will make
possible the reasonable use of the land, building, or structure.
D. The Board of Appeals shall further make a finding that the granting of the variance will be in
harmony with the general purpose and intent of this Ordinance, and will not be injurious to
the neighborhood, or otherwise detrimental to the public health, safety and welfare.

11
Page 146 of 244

E. In granting any variance, the Board of Appeals may prescribe appropriate conditions and
safeguards in conformity with this Ordinance. Violations of such conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be deemed a
violation of this Ordinance and punishable under Section 2.06 of this Ordinance.
F. Under no circumstances shall the Board of Appeals grant a variance to allow a use not
permissible under the terms of this Ordinance in said district.

Section 3.08 VOIDING OF ANY REAPPLICATION FOR VARIANCE
The following provision shall apply:
A. Each variance granted under the provision of this Ordinance shall become null and void
unless the construction authorized by such variance or permit has been commenced within
ninety (90) days after the granting of such variance and pursued diligently to completion.
B. No application for a variance which has been denied wholly or in part by the Board of
Appeals shall be resubmitted for a period of three hundred sixty-five (365) days from such
denial, except on grounds of new evidence or proof of changed conditions found by the
Board of Appeals to be valid.

Section 3.09 PROCEDURE FOR APPEALING TO THE BOARD OF APPEALS
The following provisions shall apply.
A. Appeals, How Taken: Appeals from the ruling of the Township Building Inspector may be
made to the Board of Appeals in the following manner:
1. The person, firm or agent thereof making the appeal, shall file in writing to the Building
Inspector, a letter stating what the specific appeal is and the reasons for said appeal.
2. The Building Inspector submits the written appeal, along with all papers constituting the
record from which the action appealed was taken, to the Zoning Board of Appeals.
B. Who May Appeal: Appeals to the Board of Appeals may be taken by any person aggrieved or
by an officer, department, board, agency, or bureau of the Township, County, or State.
C. Fee for Appeal: A fee prescribed by the Township Board shall be submitted to the Building
Inspector at the time of filing the letter of appeal. The appeal fee shall immediately be placed
in the Township General Fund.
D. Effect of Appeal, Restraining Order: An appeal stays all proceedings in furtherance of the
action appealed from, unless the officer from who the appeal is taken certifies to the
Township Board of Appeals, after the notice of appeal shall have been filed with him, that by

12
Page 147 of 244

reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to
life or property, in which case proceedings shall not be stayed otherwise than be a restraining
order which may be granted by the Board of Appeals or by the Circuit Court, on application,
on notice to the officer from who the appeal is taken and on due cause shown.
E. Hearing by the Board of Appeals, Request, Notice, Hearing: When a request for appeals has
been filed in proper form with the Board of Appeals, the Secretary, or Township Clerk, shall
immediately place the said request for appeal upon the calendar for hearing, and cause notice,
stating the time, place, and object of the hearing, to be served personally or by mail at least
ten (10) days prior to the date of such hearing, upon the party or parties making the request
for appeal, and upon property owners within three hundred (300) feet of the affected
property.
F. Representation at Hearing: Upon the hearing, any party or parties may appear in person or
by agent or by attorney.
G. Decisions of the Board of Appeals and Appeals to the Circuit Court: The Board of Appeals
shall decide upon all appeals within a reasonable time and reverse or affirm wholly or partly,
or may modify the order, requirement, decision, or determination appealed from and shall
make such order, requirement, decision, or determination as in its opinion ought to be made
in the premises and to that end shall have all the powers of the Building Inspector from
whom the appeal is taken. The Board Appeals’ decision of such appeals shall be in the form
of a resolution containing a full record of the findings and determination of the Board of
Appeals in each particular case and the signatures of each member of the Board of Appeals
affixed thereon. Any persons having an interest affected by such resolution shall have the
right to appeal to the Circuit Court on questions of law and fact.

13
Page 148 of 244

ARTICLE 4. AMENDMENT PROCEDURE

Section 4.01 INITIATING AMENDMENTS AND FEES
The Township Board may from time to time, on recommendation from the Township Planning
Commission, amend, modify, supplement, or revise the district boundaries or the provisions and
regulations herein established whenever the public necessity and convenience and the general
welfare require such amendment. Said amendment may be initiated by resolution of the
Township Board, the Township Planning Commission, or by petition of one or more owners of
property to be affected by the proposed amendment. Except for the Township Board and the
Township Planning Commission, the petitioner or petitioners requesting the amendment shall at
the time of application pay a fee of two hundred dollars ($200.00) to compensate the Township
for publication fees, notice fees and costs of the amendment procedure.

Section 4.02 AMENDMENT PROCEDURE
The following procedures will be followed in receiving, reviewing and approving amendments
for changing the Zoning Ordinance.
A. The applicant should submit to the Building Inspector an application for zoning amendment
together with the required application fee and the following documentation:
1. Evidence that the applicant has interest in the property proposed to be rezoned.
2. Legal description of the property proposed to be rezoned.
3. Description of proposed use or uses, including access roadways and proposed off-street
parking.
4. Description of sewage disposal and water supply facilities and proposed surface drainage.
B. The Building Inspector will review the rezoning application to insure that the application is
in order and all required documentation is included.
C. The Building Inspector will transmit the application for rezoning to the Township Planning
Commission.
D. The Township Planning Commission will receive the zoning application and conduct a
background study to determine.
1. If the proposed rezoning is compatible with the goals and objectives of the Township
Land Use Plan.
2. Impact of the proposed use on surrounding properties and development.

14
Page 149 of 244

3. The effect on public facilities and services.
4. The relationship of the proposed project to the intent of Township Zoning Ordinance.
E. The Township Planning Commission will establish a date for public hearing on the proposed
zoning amendment at its next regular meeting allowing for the requirements for notification.
The Planning Commission Secretary will provide to the Township Clerk all required material
for publication and notification.
F. The Township Clerk will publish two (2) notices of the public hearing in the Cassopolis
Vigilant. The first notice must be printed not more than thirty (30) or less than twenty (20)
days before the hearing. The second notice must be printed not more than eight (8) days
prior to the hearing.
G. The Township Clerk shall notify by mail, not less than twenty (20) days prior to the public
hearing, each electric, gas pipeline, telephone utility, and railroad company operating within
the district or zone affected, that registers its name and mailing address with the Township
Planning Commission for the purpose of receiving the notice. An affidavit of mailing shall
be maintained. The notices shall include the places and times at which the tentative text and
any maps of the Zoning Ordinance may be examined.
H. The Township Clerk shall notify by mail all persons who own real property within three
hundred (300) feet of the property proposed to be rezoned and to the occupants of all single
and two-family dwellings within three hundred (300) feet. The notice shall be made not less
than eight (8) days before the hearing, stating the time, place, date and purpose of the
hearing. An affidavit of mailing shall be filed with the Township Planning Commission
before the hearing. The notice shall be delivered to the respective owners and tenants at the
address given in the last assessment role. If the tenant’s name is not known, the term
“occupant” may be used.
I. The Township Planning Commission will hold a public hearing on the requested rezoning.
The hearing should represent an opportunity for all involved to present and rebutt
information concerning a rezoning request.
J. The Township Planning Commission will complete its background study on the rezoning
request and address the concerns raised at the public hearing.
K. The Township Planning Commission will submit the rezoning request to the Cass County
Planning Commission for review and recommendation.
L. The Township Planning Commission will transmit the rezoning request together with its
recommendation and the comments of the County Planning Commission to the Township
Board for final action. The transmittal to the Township Board will include a record of the
comments received at the public hearing, background material developed by the Township
Planning Commission on the rezoning request and the findings which support the Planning
Commission’s recommendations.

15
Page 150 of 244

M. The Township Board of Trustees may adopt or reject the proposed amendment to the Zoning
Ordinance, provided that:
1. If the Board desires to make a change in the proposed amendment, it must refer the
amendment back to the Township Planning Commission for recommendation; and
2. If a landowner requests, by certified mail a hearing on the proposed amendment, the
Board must hold the requested hearing before action is taken.
N. If the Township Board of Trustees holds additional public hearings, notice shall be published
in the Cassopolis Vigilant not more than fifteen (15) days nor less than five (5) days before
the hearing.
O. After receiving the Township Planning Commission’s report and recommendation on a
proposed rezoning amendment, the Township Board of Trustees may approve, reject, or
approve with changes the proposed rezoning amendment. If the Township Board approves
the rezoning amendment with changes, the proposed amendment with changes will be
referred back to the Township Planning Commission for further study recommendation.
P. All provisions of this Article shall be subject to the provisions of the Township Rural Zoning
Act, as the same may be from time to time amended, which Act is incorporated herein by
reference.

Section 4.03 CONFORMANCE TO COURT DECREE
Any amendment for the purpose of confirming a provision thereof to the decree of a court of
competent jurisdiction shall be adopted by the Township Board and the amendments published
without referring the same to any other board or agency.

16
Page 151 of 244

ARTICLE 5. GENERAL PROVISIONS

Section 5.01 ESTABLISHMENT OF DISTRICTS
The Township is hereby divided into the following zoning districts as shown on the Official
Zoning Map, which, together with all explanatory matter shown thereon, is hereby adopted by
reference and declared to be a part of this Ordinance;
A
A-R
R-1
R-2
R-3
C
I-1
I-2

AGRICULTURAL DISTRICT
AGRICULTURE-RESIDENTIAL DISTRICT
LOW DENSITY RESIDENTIAL DISTRICT
HIGH DENSITY RESIDENTIAL DISTRICT
MOBILE HOME PARK DISTRICT
COMMERCIAL DISTRICT
INDUSTRIAL PARK DISTRICT
INDUSTRIAL PARK DISTRICT

Section 5.02 PROVISION FOR OFFICIAL ZONING MAP
These districts, so established, are bounded and defined as shown on the map entitled ‘ZONING
DISTRICT MAP OF PENN TOWNSHIP”, adopted by the Township Board, and which, with all
notations, references and other information appearing thereon, is hereby declared to be a part of
this Ordinance and of the same force and effect as if the district shown thereon were fully set
forth by metes and bounds herein.

Section 5.03 CHANGES TO OFFICIAL ZONING MAP
If, in accordance with the procedures of this Ordinance and of Act 184 of the Public Acts of
1943, as amended, a change is made in a zoning district boundary, such change shall be made by
the Building Inspector promptly after the Ordinance authorizing such change shall have been
adopted and published by the Township Board and to notify the Township Clerk of the change
and correct the map filed with the Clerk.

Section 5.04 AUTHORITY OF OFFICIAL ZONING MAP
Regardless of the existence of purported copies of the Official Zoning Map which may from time
to time be made or published, the Official Zoning Map which shall be located in the office of the
Building Inspector shall be the final authority as to the current zoning status of any land, parcel,
lot, district, use, building, or structure in the Township.

17
Page 152 of 244

Section 5.05 REPLACEMENT OF OFFICIAL ZONING MAP
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to
interpret because of the nature or number of changes made thereto, the Township Board may, by
Ordinance, adopt a new Official Zoning Map which shall supersede the prior Official Zoning
Map. The new Official Zoning Map may correct drafting or other errors or omissions on the
prior Official Zoning Map, but no such correction shall have the effect of amending the Zoning
Ordinance or the prior Official Zoning Map. The new Official Zoning Map shall be identified by
the signature of the Township Supervisor, attested by the Township Clerk, and bear the seal of
the Township under the following words:
“This is to certify that this is the Official Zoning Map referred to in the Zoning
Ordinance of Penn Township, adopted on the 10th day of October, 1983, which
replaces and supersedes the Official Zoning Map which was adopted on the 9th
of February, 1976.”

Section 5.06 INTERPRETATION OF ZONING DISTRICTS
Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning
Map, the following rules for interpretation shall apply:
A. A boundary indicated as approximately following the centerline of a highway, street, alley,
railroad, or easement shall be construed as following such centerline.
B. A boundary indicated as approximately following a recorded lot line, a bounding, a parcel,
section line, quarter section line, or other survey line shall be construed as following such
line.
C. A boundary indicated as approximately following the corporate boundary line of a city,
village, or township shall be construed as following such line.
D. A boundary indicated as following a shoreline shall be construed as following such shoreline,
and in the event of change in a shoreline shall be construed as following the actual shoreline.
E. A boundary indicated as following a centerline of a stream, river, canal, lake, or other body
of water shall be construed as following such centerline.
F. A boundary indicated as parallel to or an extension of a feature indicated in paragraph “A”
through “E” above shall be so construed.
G. A distance not specifically indicated on the Official Zoning Map shall be determined by the
scale of the map.
H. All other uncertainties shall be ruled upon by the Zoning Board of Appeals in regard to
zoning district boundaries.

18
Page 153 of 244

Section 5.07 APPLICATION OF REGULATIONS
The regulations established by this Ordinance within each zoning district shall be the minimum
regulations for promoting and protecting the public health, safety and general welfare and shall
be uniform for each class of land or building, dwellings and structures throughout each district.
Where there are practical difficulties or unnecessary hardships in the way of carrying out the
strict letter of this Ordinance, the Board of Appeals shall have power in passing upon appeals to
vary or modify any rules, regulations, or provisions of the Ordinance so that the intent and
purposes of this Ordinance shall be observed, public safety secured and substantial justice done.

19
Page 154 of 244

ARTICLE 6. SUPPLEMENTAL REGULATIONS

Section 6.01 PURPOSE
There are certain conditions concerning land uses that warrant specific regulations and standards
in addition to the requirements of the zoning district in which they are located.

Section 6.02 ACCESSORY BUILDING
A. Where an accessory building is attached to the side or front of a principal building, such
accessory building shall be considered part of the principal building for purposes of
determining required yard dimensions, but if such accessory building is attached to the rear
of the principal building in such a manner that it is completely to the rear of all portions of
said building, it may be considered a detached accessory building for purposes of
determining required rear yard dimensions.
B. No detached accessory building shall be located nearer to a side lot line than the permitted
distance for the principal building on the same lot, unless such accessory building shall be
completely to the rear of all portions of the principal building, in which case it may be
located no nearer than five (5) feet to any side lot line.
C. No detached accessory building shall be located nearer than five (5) feet to any rear lot line,
except that when such accessory building shall be a garage which is entered at right angles to
any alley, it shall be located no nearer than twelve (12) feet to said rear lot line.
D. No accessory building shall project into any front yard setback.
E. No accessory building shall occupy more than thirty (30) percent of the area of any rear yard.
F. Where a corner lot adjoins a side boundary of a lot in any residential district, no accessory
building shall be located nearer to the side street lot line than the side yard setback of the
principal building on said lot.

Section 6.03 LOT-BUILDING RELATIONSHIP
Hereafter, every building erected, altered, or moved shall be located on a lot of record as defined
herein, and except in the case of an approved multiple dwelling development, there shall be no
more than one (1) principal building and its permitted accessory structures located on each lot in
a residential district.
Section 6.04 ACCESSORY BUILDING AS DWELLING
No building on the same lot as a principal building shall be used for dwelling purposes.

20
Page 155 of 244

Section 6.05 BASEMENT AS DWELLINGS
No basement structure shall be used for occupancy unless a completed story is situated
immediately above the basement structure and that the story is used as a dwelling.

Section 6.06 REQUIRED WATER SUPPLY AND SANITARY SEWERAGE
FACILITIES
In addition to the requirements established by the Cass County Health Department, the following
site development and use requirement shall apply: no structure for human occupancy or use
shall hereafter be erected, altered, or moved unless it shall be provided with a safe, sanitary and
potable water supply and a safe effective means of collection, treatment and disposal of wastes.

Section 6.07 GREENBELT BUFFER
Prior to the commencement of construction of any structure or building in a Commercial District
or Industrial District where such property abuts, adjoins, or is adjacent to a residential zone, a
greenbelt shall be established. However, where permitted elsewhere in this Ordinance, an
opaque wall or fence may be built in lieu of a greenbelt. A greenbelt, minimum width of twenty
(20) feet, which shall be completed within six (6) months from the date of final inspection and
shall thereafter be maintained with permanent plant materials.

Section 6.08 ACCESS TO A STREET
Any lot of record created prior to the effective date of this Ordinance without any frontage on a
public street or way shall not be occupied except where access to a public street or way is
provided by a public or private easement or other right-of-way no less than twenty (20) feet in
width. Public access to commercial, industrial, or recreational uses shall not be designed so as to
pass through the residential neighborhoods.

Section 6.09 VISIBILITY AT INTERSECTIONS
No fence, wall, hedge, screen, sign, structure, vegetation, or planting shall be higher than three
(3) feet above street grade on any corner lot or parcel in any zoning district requiring front and
side yards within the triangular area formed by the intersecting street right-of-way lines and a
straight line joining the two (2) street lines at points which are thirty (30) feet distant from the
point of intersection, measured along the street right-of-way lines.

21
Page 156 of 244

Section 6.10 STREET CLOSURES
Whenever any public street, alley, or other public way is vacated by official action, the zoning
district adjoining each side of such public way shall automatically be extended to the center of
such vacation, and all area included therein shall henceforth be subject to all appropriate
regulations of that district within which such area is located.

Section 6.11 HEIGHT REGULATIONS
The height requirements established by this Ordinance shall apply uniformly in each zoning
district to every building and structure except that the following structures and appurtenances
shall be exempt from the height requirements of this Ordinance; spires, belfries, and domes not
used for human occupancy; chimneys; ventilators; skylights; water tanks; bulkheads; utility
poles; power lines; radio and television broadcasting and receiving antennae; silos; parapets;
elevator legs; and other necessary mechanical appurtenances, provided their location shall
conform where applicable to the requirements of the Federal Communications Commission, the
Civil Aeronautics Administration and other public authorities having jurisdiction.

Section 6.12 FENCES, WALLS AND SCREENS
Within the limits of a side or front or rear yard space of a lot within a residential district, no
fence, wall, other than necessary retaining wall, or other screening structure shall be higher than
five (5) feet.

Section 6.13 SHORELINE EXCAVATION AND DREDGING
No persons shall alter, change, transform, or otherwise vary the edge, bank, or shore of any lake,
river, or stream except in conformance with the following:
A. As provided in the Inland Lakes and Streams Act, Act 291 of the Public Acts of 1965, as
amended, and in accordance with the requirements of the Michigan Department of Natural
Resources.
B. If any edge, bank, or shore of any lake, river, or stream is proposed to be altered in any way
by any person, such person shall submit to the Township Planning Commission all data,
exhibits and information as required by the Department of Natural Resources.

Section 6.14 ESSENTIAL SERVICES
For purposes of this Ordinance, the following provisions shall apply:

22
Page 157 of 244

A. The surface of land used for pipeline right-of-ways shall be restored and maintained as near
as possible to its original condition prior to the construction of the pipeline.
B. Essential services shall be exempt from lot area requirements in the Agricultural and
Industrial Districts.

Section 6.15 SWIMMING POOLS
Private swimming pools are permitted in all districts provided the following regulations are
complied with:
A. The pool shall be maintained in a clean and healthful condition in accordance with County
health requirements.
B. No swimming pool shall be emptied in any manner that will cause water to flow upon
another lot or emptied on any land if a storm drain is readily accessible to the premises.
C. Every swimming pool shall be completely enclosed with a permanent substantial fence not
less than four (4) feet in height above the ground level. No opening shall be designed or
maintained as to permit access to the pool except under the supervision of the possessor or by
his permission.
D. The swimming pool shall not be closer than ten (10) feet to any side or rear lot line and in all
districts except “A” AGRICULTURAL, no part of any pool shall be constructed within the
front yard or the required side street side yard.

Section 6.16 CONTINUED CONFORMANCE WITH REGULATIONS
The maintenance of yards, open spaces, lot areas, height and bulk limitations, fences, walls, clear
vision areas, parking and loading spaces, and all other requirements for a building or use
specified within this Ordinance shall be continuing obligation of the owner of such building or
property on which such building or use is located.

Section 6.17 TILLAGE OF SOIL
Tillage of the soil shall be permitted in every district within the Township.

Section 6.18 PROCEDURE FOR SITE PLAN REVIEW
Site plan review shall be required for all multiple family and nonresidential projects prior to the
issuance of a building permit. This review will be carried out by the Planning Commission.

23
Page 158 of 244

A. Any applicant shall submit to the Planning Commission a sketch of the proposed project for a
preliminary review.
B. After reviewing the sketch plan with the applicant, the Planning Commission shall suggest
any changes in the proposal, deemed necessary in order to comply with the provisions of this
Zoning Ordinance and the subdivision regulations.
C. The applicant shall then prepare and submit proper plans of the project to the Planning
Commission. Development plans shall be drawn to scale and shall show:
1. Location of main and accessory buildings;
2. Location of yards, driveways, walks, parking areas, recreation areas and other site
improvements;
3. Proposed storm drainage facilities;
4. Surrounding streets and nearby buildings; and
5. Proposed building plans.
D. Three (3) copies of the development plan should be submitted to the Planning Commission
no less than ten (10) days before the next Commission meeting.
E. After reviewing the development plan, the Commission may approve, conditionally approve,
or disapprove the development plan.
F. After approval of the site plan by the Planning Commission, a copy of the approved drawings
along with recommended additions or corrections shall be signed by the officers of the
Commission and filed with the Building Inspector for future reference.
G. The Planning Commission shall review with the Building Inspector to see that the
specifications of the site plan are carried out.

Section 6.19 GENERAL SIGN REGULATIONS
No sign shall be erected at any location where, by reason of the position, size, shape, color,
movement, or illuminations, it may interfere with, obstruct the view of, or be confused with any
authorized traffic sign, signal, or device so as to interfere with, mislead, or confuse traffic.
Consideration of traffic visibility and injurious effects on adjacent properties is essential. All
signs shall be designed, constructed and maintained so as not to change the essential character of
such area.

24
Page 159 of 244

Section 6.20 PERMITTED SIGNS IN AGRICULTURE AND AGRICULTURERESIDENTIAL DISTRICTS
In the Agriculture and Agriculture-Residential Districts, only one (1) sign of each of the
following types shall be permitted on each lot or parcel, unless otherwise specified herein. The
following signs are permitted:
A. A non-illuminated sign advertising the sale or rental of the building or premises not
exceeding six (6) square feet in area and placed no nearer to the street line than one-half (1/2)
the required front yard depth.
B. Non-illuminated trespassing, safety, directional, caution, or announcement signs, each not
exceeding six (6) square feet in area.
C. A non-illuminated sign announcing a home occupation, service, or produce offered on the
premises, provided that such a sign shall not exceed twelve (12) square feet in area; and shall
be located no closer to the street line than one-half (1/2) the required front yard.
D. A sign or bulletin board identifying a church, school, park, or other authorized use not to
exceed twenty-four (24) square feet in area and placed no nearer than fifteen (15) feet to any
property line. Such sign may be illuminated by a non-flashing reflective light and the source
of illumination shall not be visible.

Section 6.21 PERMITTED SIGNS IN RESIDENTIAL DISTRICTS
In any residential district, only one (1) sign of each of the following types shall be permitted on
each lot or parcel unless otherwise specified herein. The following signs are permitted:
A. A non-illuminated sign advertising sale or rental of the building or property, not exceeding
six (6) square feet in area and placed no nearer to the street line than one-half (1/2) of the
required front yard depth.
B. A non-illuminated sign announcing a home occupation or service that is offered on the
premises provided that such a sign shall not exceed two (2) square feet in area and shall be
attached flat against a building wall.
C. One (1) non-illuminated sign advertising a recorded subdivision or development, not to
exceed eighteen (18) square feet in area and placed no closer to any street right-of-way than
one-third (1/3) the minimum authorized front yard depth. Such sign shall be removed within
one (1) year after the sale of all lots or units within said subdivision or development.
D. One (1) non-illuminated sign identifying a multiple family building, subdivisions, or
development, not having commercial connotations, not to exceed eighteen (18) square feet in
area and placed no closer to any street right-of-way line than one-third (1/3) the minimum
authorized front yard depth.

25
Page 160 of 244

E. A sign or bulletin board identifying a church, school, or other authorized use not to exceed
twenty-four (24) square feet in area and placed no nearer than fifteen (15) feet to any
property line. Such sign may be illuminated by a non-flashing reflected light and the source
of illumination shall not be visible.

Section 6.22 PERMITTED SIGNS IN THE COMMERCIAL AND INDUSTRIAL
DISTRICTS
Except as specified in Section 6.23, a sign in any Commercial or Industrial District is permitted
only where it advertises a business occupying the same lot of land upon which the sign is
erected. Signs shall conform to the building setback and height requirements, except for, and in
addition to, the requirements provided below:
A. In any Commercial or Industrial District, a sign may be affixed flat against the wall of the
building, or may project therefrom not more than forty-eight (48) inches, provided that such
signs do not project over a sidewalk or public right-of-way. Projecting signs shall be at least
twelve (12) feet above finished grade. The total sign area shall not exceed one (1) square
foot for each foot in length or height of the wall, whichever is greater, to which it is affixed.
No such sign shall extend more than four (4) feet in height above the building to which it is
affixed.
B. One (1) freestanding identification sign may be erected for a shopping center or other
integrated group of stores or commercial buildings. The area for said sign shall be based on
one (1) square foot for each foot of building frontage, however, it shall not exceed two
hundred (200) square feet in area, or be closer to the front, side, or rear property line than
one-third (1/3) the distance of the required building setback.
C. One (1) freestanding identification sign may be erected for each separate enterprise situated
on an individual lot not located within a shopping center. In the Commercial District such
sign shall not exceed thirty-six (36) square feet in area, not be closer to the front, side, or rear
property line than one-third (1/3) the distance of the required building setback. In an
Industrial District such sign shall not exceed eighty (80) square feet.
D. All signs may be illuminated internally or by reflected light provided the source of light is
not directly visible and is arranged to reflect away from the adjoining premises and provided
that such illuminations shall not be so placed as to cause confusion or hazard to traffic or
conflict with traffic control signs or lights. No illumination involving movement by reason
of the lighting arrangement or other devices shall be permitted.

Section 6.23 OUTDOOR ADVERTISING SIGNS
Outdoor advertising signs (billboards) shall be permitted under the following conditions:

26
Page 161 of 244

A. Outdoor advertising signs are permitted only in the Agricultural, Commercial and Industrial
Districts.
B. Outdoor advertising signs are required to have the same setback as other principal structures
or buildings in the zone in which they are situated.
C. Where two (2) or more outdoor advertising signs are along the frontage of a single street or
highway, they shall not be less than one thousand (1,000) feet apart. A double face (back to
back) or a V-type structure shall be considered a single sign.
D. The total surface area, facing in the same direction of any outdoor advertising sign shall not
exceed two hundred (200) square feet.
E. No outdoor advertising sign shall be erected on the roof of any building, nor have one (1)
sign above another sign.
F. Outdoor advertising signs may be illuminated by reflected light only, provided the source of
light is not directly visible and is so arranged to reflect away from the adjoining premises and
provided that such illuminations shall not be so placed as to cause confusion or a hazard to
traffic or conflict with traffic control signs or lights. No illumination involving movement by
reason of the lighting arrangement or other devices shall be permitted.
G. Outdoor advertising signs shall be designed, constructed, operated, maintained and managed
so as to be harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that a use will not change the essential character of the same area.
H. Outdoor name or identification signs are exempt from the provisions of this section provided
that all such signs shall be flush with the building wall or roof.

Section 6.24 INDIVIDUAL MOBILE HOMES AND MANUFACTURED HOMES,
TYPE II
In zoning districts in which individual mobile homes and manufactured homes, type II, are
permitted as a conditional use, the following provisions shall apply in order to insure
compatibility with existing dwellings or with dwellings which may be constructed in the future:
A. Owner shall make application and obtain Certificate of Approval and Building Permit for
said residence and accessory building.
B. Lot size, main living area, front and side setback shall be the same as set forth for residences
in Agriculture-Residential.
C. Applicant and occupant shall own or have Land Contract for property upon which home is to
be placed.

27
Page 162 of 244

D. Maximum age of home, at the date of installation, shall be NO OLDER than thirty-six (36)
months, unless approved by the Planning Commission.
E. Water and sanitation provisions shall comply with Section 6.06.
F. Uniform skirting of each home base shall be required, within thirty (30) days after initial
placement. Such skirting shall be of twenty-six (26) gauge solid sheet metal, aluminum, or
other non-corrosive metal or material of equal strength and so constructed and attached to
this home so as to deter and prevent entry of rodents and insects.
G. An accessory building shall be constructed to the rear of each home to provide storage for the
essential outdoor home items. The construction of a garage of sufficient size as to provide
this storage in addition to space for motor vehicles shall be judged as meeting this
requirement.
H. Dwelling, accessory building and grounds shall be maintained and kept in such manner as to
provide a neat and orderly appearance and to maintain property value.
I. Failure to comply with any of the above requirements shall constitute violation of this
Ordinance and cause to enforce the removal of the home from the premises.
2

Section 6.25 OPEN SPACE PRESERVATION

The Open Space Preservation provision is to allow developers, at their choice, to cluster new
homes on smaller lots and then include with the home sites permanently preserved open space.
A. The Open Space Preservation provision option shall only apply to new home sites located in
“A-R” agricultural-residential districts and Planned Unit Residential Developments
comprising an area of not less than five (5) acres.
B. A minimum of 50% of the net development site shall remain perpetually in an undeveloped
state by means of a conservation easement, plat dedication, restrictive covenant, or other
legal means that runs with the land.
C. The development shall not depend upon the extension of a public sewer or water supply
system, unless development of the land without the exercise of the Open Space Preservation
option would also depend upon such extension.
D. The Open Space Preservation option shall not have been previously exercised with respect to
that land.
E. After a landowner exercises the Open Space Preservation option, the land may be rezoned
accordingly.
2

Amendment 4 – See Appendix A

28
Page 163 of 244

F. A landowner exercising the Open Space Preservation option in Section 6.25 of this
Ordinance shall obtain a conditional use permit as provided in Section 8.03 of this
Ordinance.
G. The development of land under the Open Space Preservation provision is subject to all other
applicable ordinances, laws, and rules, including rules relating to suitability of groundwater
for on-site water supply for land not served by public water and rules relating to suitability of
soils for on-site sewage disposal for land not served by public sewers.
H. The net development area shall be determined by subtracting water, muck and peat areas and
areas set aside for churches, schools and similar facilities and the area proposed for streets
from the gross development area. The land set aside for open space shall be included as a
part of the net development.
I. The developer must submit two (2) site plans when exercising the Open Space Preservation
option. The first site plan will be a plan that shows development of the property without
exercising the Open Space Preservation option. The second site plan showing the development with the Open Space Preservation option.
J. The maximum number of dwelling units in an “A-R” agricultural-residential district or
Planned Unit Residential development, exercising the Open Space Preservation option, shall
be no more than two (2) dwelling units per acre, or if the land is served by a public sewer
system, three (3) dwelling units per acre. A cluster zoning development shall meet all lot
requirements (size, setbacks, etc.) found in the R-2 zoning district of this Ordinance.
K. A developer that exercises the Open Space Preservation option shall submit to the Township
Zoning Administrator an application for review and deposit a fee set by the Township Board.
The application shall contain data, exhibits, site plans and information as required under the
Conditional Uses, Section 8.04 of this Ordinance, and Planned Unit Residential
Development, Section 8.10 of this Ordinance.
L. The application shall then be processed according to the procedures in the Conditional Uses,
Section 8.02 through 8.06 of this Ordinance, and Planned Unit Residential Development,
Section 8.10 of this Ordinance.
M. When the Township Board gives final approval, a conditional use permit shall be issued for
the development exercising the Open Space Preservation option. The applicant shall then
review his application and plan in final approved form and sign a statement that the Open
Space Preservation development plan in its final form, shall be binding on the applicant, his
heirs, successors and assignees.

29
Page 164 of 244

ARTICLE 7. NONCONFORMING BUILDING AND USES

Section 7.01 NONCONFORMING USES OF LAND
Where, at the effective date of adoption or amendment of this Ordinance, lawful use of land
exists that is made no longer permissible under the terms of this Ordinance as enacted or
amended, such use may be continued, so long as it remains otherwise lawful, subject to the
following provisions:
A. No such nonconforming use shall be enlarged or increased to occupy a larger area, nor
moved in whole or in part to any other portion of the lot or parcel occupied at the effective
date of adoption or amendment of this Ordinance.
B. Any nonconforming use of land abandoned for period of more than ninety (90) days shall
subsequently conform to the requirements of this Ordinance.

Section 7.02 NONCONFORMING USES OF BUILDINGS
Where a lawful building exists at the effective date of this Ordinance, or amendment thereto, that
could not be built under this Ordinance by reason of its location on the lot, lot coverage, height,
yard, or other characteristics, such structure may be continued, subject to the following:
A. Any structure existing at the effective date of this Ordinance, devoted to a use not permitted
by this Ordinance in the district in which it is located shall not be altered, enlarged, extended,
constructed, reconstructed, moved, or structurally altered except in changing the use of the
structure to a use permitted in the district in which it is located. Nothing in this paragraph
shall prevent ordinary maintenance of the structure.
B. When a nonconforming use of a building is vacated or abandoned for six (6) consecutive
months, the building shall not be used thereafter except in conformance with the regulations
of the district in which it is located.

Section 7.03 NONCONFORMING BUILDINGS
Where a lawful structure exists at the effective date of adoption or amending of this Ordinance
that could not be built under the terms of this Ordinance by reason of restrictions on area, lot
coverage, height, yards, or other characteristics of the structure or its location on the lot, such
structure may be maintained and continued so long as it remains otherwise lawful, subject to the
following provisions:
A. No such structure may be enlarged or altered in a way which increases its conformity.

30
Page 165 of 244

B. All lots of record at the effective date of this Ordinance shall be exempt from Sections 7.03 D
and 9.04 A.
C. No structure shall be moved for any reason for any distance whatever, unless it shall
thereafter conform to the regulations for the district in which it is located after it is moved.
D. No structure shall be destroyed by any means to an extent of more than fifty (50) percent of
its replacement cost at time of destruction, it shall not be reconstructed except in conformity
with the provisions of this Ordinance. Such repairs shall be initiated within ninety (90) days.

Section 7.04 ILLEGAL NONCONFORMING USES AND BUILDINGS
Those alleged nonconforming uses of land, uses of buildings and buildings which cannot be
proved conclusively to have been existing prior to the effective date of this Ordinance, or any
amendment thereto, shall be declared illegal nonconforming uses of land, nonconforming uses of
buildings and nonconforming buildings and shall be discontinued upon written notification from
the Building Inspector.

Section 7.05 PLANS ALREADY FILED
In any case where plans and specifications for a building or structure have been filed which
would conform with the zoning regulations effective at the date of such filing but not with the
regulations of this Ordinance, and where a building permit for such a building or structure has
been issued and construction work started at the effective date of this Ordinance, such work may
proceed provided it is completed within one (1) year of said date.

Section 7.06 CLASSES OF NONCONFORMING USES OF STRUCTURES AND LAND
In keeping with the intent of the Penn Township Land Use Plan and the Zoning Ordinance, the
following classes of nonconforming uses are established:
A. Class I – Minimum Negative Impact: The following nonconforming uses may be completed,
restored, reconstructed, or expanded.
Non-farm residential uses in Agriculture Districts (except that no new dwelling units may be
added).
B. Class II – Moderate Negative Impact: The following nonconforming uses may be completed,
restored, reconstructed, or expanded only within existing structures.
1. Commercial-Industrial uses in Agriculture Districts.

31
Page 166 of 244

2. Residential uses in Commercial and Industrial Districts (except that no new dwelling
units may be added).
C. Class III – Maximum Negative Impact: The following nonconforming uses may not be
expanded, completed, restored, or reconstructed.
1. Commercial-Industrial uses in Residential and Agriculture-Residential Districts.

Section 7.07 PURCHASE OF NONCONFORMING BUILDINGS
The elimination of nonconforming uses of structures is hereby declared to be in the public
interest. The Township may acquire by purchase, condemnation, or otherwise private property
or an interest in private property for the removal of nonconforming uses. The cost and expense,
or a portion thereof, of acquiring the private property may be paid from general funds or assessed
to a special district in accordance with the applicable statutory provisions relating to the creation
and operation of a special assessment district for public improvements in townships. The
Township Board may institute and prosecute proceedings for condemnation of nonconforming
uses and structures under the power of eminent domain in accordance with Act 149 of the Public
Acts of 1911 as amended, being Sections 213.21 to 213.41 of the Michigan compiled laws or
other applicable statue.

Section 7.08 CHANGE OF TENANCY OR OWNERSHIP
There may be a change of tenancy, ownership or management of any existing nonconforming
uses of land, structures and premises, provided there is no change in the nature or character of
such nonconforming uses.

32
Page 167 of 244

ARTICLE 8. CONDITIONAL USES

Section 8.01 PURPOSE
The formulation and enactment of this Zoning Ordinance is based upon the division of the
Township into districts each of which are permitted specified uses which are mutually
compatible. In addition to such permitted compatible uses, however, it is recognized that there
are certain other uses which may be necessary or desirable to allow in certain locations in certain
districts, but which on account of their actual or potential impact on neighboring uses or public
facilities need to be carefully regulated with respect to their location for the protection of the
Township. Such uses, on account of their peculiar locational need or the nature of the service
offered, may be to be established in a district in which they cannot be reasonably allowed as a
permitted use.

Section 8.02 AUTHORITY TO GRANT PERMITS
The Township Board, with recommendations from the Township Planning Commission, shall
have the authority to grant conditional use permits, subject to such conditions of design and
operation, safeguards and time limitations as it may determine for all conditional uses specified
in the various district provisions of this Ordinance.

Section 8.03 APPLICATION AND FEE
Application for any conditional use permit permissible under the provisions of this Ordinance
shall be made to the Township Board via the Building Inspector by filling in the official
conditional use permit application form, submitting required data, exhibits and information; and
depositing a fee set by the Township Board with the Township Building Inspector. No fee shall
be required of any governmental body or agency. No part of such fee shall be returnable to the
applicant.

Section 8.04 DATA, EXHIBITS AND INFORMATION REQUIRED IN
APPLICATIONS
An application for a conditional use permit shall contain the applicant’s name and address in full,
a notarized statement that the applicant is the owner involved or is acting on the owner’s behalf,
the address of the property involved, an accurate survey drawing of said property showing the
existing and proposed location of all buildings and structures thereon, and types thereof, and
their uses and a statement and supporting data, exhibits, information and evidence regarding the
required findings set forth in this Ordinance.

33
Page 168 of 244

Section 8.05 PUBLIC HEARING
The Township Planning Commission shall hold a public hearing or hearings upon any
application for a conditional use permit, notice of which shall be given by two (2) publications in
a newspaper in general circulation in the Township, the first to be printed not more than thirty
(30) days or less than twenty (20) days and the second not more than eight (8) days or less than
one (1) day before the hearing. The Township Planning Commission shall also serve notice by
personal service or by first class mail, on all owners of property within three hundred (300) feet
of the perimeter of the property for which the conditional use permit is sought.

Section 8.06 REQUIRED STANDARDS AND FINDINGS FOR MAKING
DETERMINATION
The Planning Commission shall review the particular circumstances and facts of each proposed
use in terms of the following standards and required findings, and shall find and record adequate
data, information and evidence showing that such a use on the proposed site lot or parcel:
A. Will be harmonious with and in accordance with the general objectives, intent and purposes
of this Ordinance.
B. Will be designed, constructed, operated, maintained and managed so as to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity.
C. Will be served adequately by essential public facilities and services such as: highways,
streets, police and fire protection, drainage structures, refuse disposal or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide
adequately any such service.
D. Will not be hazardous or disturbing to existing or future neighboring uses.
E. Will not create excessive additional requirements at public cost for public facilities and
services.
F. The Township Planning Commission shall file its recommendations to the Township Board.

Section 8.07 JUNKYARDS AND INOPERATIVE VEHICLES
In addition to and as an integral part of development, the following provisions shall apply:
A. Junkyards shall be established and maintained in accordance with all applicable State of
Michigan Statutes.
B. It is recognized by this Ordinance that the location in the open of such materials included in
this Ordinance’s definition of “Junkyard” will be an attractive hazard and an undesirable

34
Page 169 of 244

vista. To the end that these conditions will be controlled an opaque fence or wall at least
seven (7) feet in height, and not less in height than the materials located on the lot on which a
junkyard shall be operated, shall be located on said lot no closer to the lot lines than the yard
requirements for buildings permitted in this district. All gates, doors and access ways
through said fence or wall shall be of solid, unpierced material. In no event shall any
materials included in this Ordinance’s definition of “Junkyard” be located on the lot on
which a junkyard shall be operated in the area between the lines of said lot and the opaque
fence or wall located on said lot.
In addition to the foregoing requirements, the Planning Commission may require a greenbelt
in accordance with the provisions of Article 6.
C. All traffic ingress or egress shall be on major streets, and there shall be not more than one
(1) entranceway to the lot on which a junkyard shall be operated from each public road
on which said lot abuts.
D. On the lot on which a junkyard shall be operated, all roads, driveways, parking lots and
loading and unloading areas within any yard shall be surfaced so as to prevent on
adjoining lots and public roads the nuisance caused by windborne dust.

Section 8.08 SANITARY LANDFILL
Provided that such use shall be permitted as a conditional use only in the Agricultural and the
Industrial district shall conform to all State of Michigan and County Health Department
regulations of such use; and the permit for such use shall be subject to annual renewal.

Section 8.09 DEVELOPMENT OF NATURAL RESOURCES
Including extraction of sand, gravel, fill dirt, topsoil, gas and oil; provided that such activity shall
be permitted as a conditional use only in the Agricultural districts and the Industrial districts and
shall comply with the following provisions:
A. All areas so used shall be rehabilitated progressively as they are worked out or abandoned to
a condition entirely free from hazards and blending with the surrounding natural ground. All
slopes and banks shall be reasonably graded to prevent excessive erosion.
B. The Planning Commission, when deemed necessary, shall require the applicant to post a
bond for compliance with the Township Clerk, the amount of said bond to be determined by
the Township Planning Commission to insure that all provisions of this Ordinance are
complied with.

35
Page 170 of 244

Section 8.10 PLANNED UNIT RESIDENTIAL DEVELOPMENTS
The owner or owners of any tract of land in an R-2 district comprising an area of not less than
five (5) acres may submit to the Township Planning Commission a site plan for the use and
development of the tract of land as Planned Unit Residential Development (PURD).
A. Required standards for approval:
1. The maximum number of dwelling units permitted shall be determined by dividing the
net development area by the minimum lot area per dwelling unit required by the
underlying district or districts in which the PURD site is located. Net development area
is determined by subtracting water, muck and peat areas, and areas set aside for churches,
schools, and similar facilities and the area proposed for streets from the gross
development area. The area of land set aside for common land, open space, or recreation
except as above indicated, shall be included as a part of the net development area.
2. The proposed development will be served adequately by essential public facilities and
service, such as: highways, streets, police and fire protection, drainage structures, refuse
disposal; or that the persons or agencies responsible for the establishment of the proposed
use shall be able to provide adequately any such service. Public water and sewer systems
shall serve the development whenever deemed feasible by the Township.
3. The proposed unit is of such size, composition and arrangement that its construction and
marketing operation is a complete unit, without dependence on any subsequent unit of
development.
4. The common open-space, any other common properties, individual properties, and all
other elements of the Planned Unit Residential Development are so planned that they will
achieve a unified environmental scheme, with open spaces and all other elements in
appropriate locations, suitably related to each other, the site and surrounding land.
5. In view of the “conditional use” nature of the PURD amendment procedure, deed
restrictions and covenants entered into, or proposed to be contracted for, by the developer
become an appropriate consideration of the Township Planning Commission. The
Planning Commission shall consider the manner in which the lawful contractual
techniques can augment lawful zoning techniques in attaining the objectives of the PURD
amendment and may make its recommendations conditional upon these contractual
relations between private parties, or may recommend procedures whereby the Township
becomes a party to such contractual relations.
B. Required Provision in Site Plan: The plan shall contain such proposed covenants, easements
and other provisions relating to the bulk, location and density of residential units, accessory
uses thereto, and public facilities as may be necessary for the welfare of Planned Unit
Residential Development and not inconsistent with the best interest of the entire Township.

36
Page 171 of 244

The applicant may be required to dedicate land for street or park purposes and, by
appropriate covenants, to restrict areas perpetually (or for the duration of the Planned
Development) as open space for common use. The development as authorized shall be
subject to all conditions of this Ordinance only to the extent specified in the authorization.
C. Tentative Township Board Approval: The Township Board, upon the receipt of the Planning
Commission’s report on the proposed plan, may then give tentative approval to such plans,
incorporating with the approval such conditions as the Commission deems appropriate and in
harmony with the general spirit of this Ordinance to promote the public health, safety,
morals, convenience and general welfare.
The applicant shall then review his application and plan in final approved form and sign a
statement that the Planned Unit Residential Development Plan in its final form shall be
binding on the applicant, his heirs, successors and assignees.
When the Township Board gives final approval, conditional use permit shall be issued for the
Planned Unit Residential Development even though the size of lots, the depth of yards and
the required distance between grouped buildings, and the building height, may not conform
in all respects to the regulations of the district in which the project is to be located.
D. Notwithstanding anything to the contrary contained in the Township Zoning Ordinance and
to secure compliance with Michigan Public Act 637 of 1978 with respect to procedures
contained in said Ordinance pertinent to “special land uses” and/or “planned unit
developments” or concepts in the Ordinance under different terminology designed to
accomplish similar objectives of a reviewing process, hereafter such reviewing process is
delegated to the Planning Commission. Any site plan review required pertinent to the
foregoing is also hereby similarly delegated, notwithstanding any other Ordinance provision
to the contrary.
In addition to specific standards which may be applicable, the following set of standards shall
serve as the basis for decisions involving special land uses, planned unit developments and
other discretionary decisions contained in this Ordinance. The proposed use shall:
1. Be compatible with adjacent uses of land;
2. Be consistent with, and promote the intent and purpose of this Ordinance;
3. Be compatible with the natural environments;
4. Be consistent with the capacities of public services and facilities affected by the proposed
use; and
5. Protect the public health, safety, and welfare.

37
Page 172 of 244

Section 8.11 ESSENTIAL SERVICE BUILDINGS
In every zoning district, except Industrial, the following essential service buildings shall be
required to have a conditional use permit prior to their reconstruction; transformer substations,
pumping stations, communications relay stations, gas and steam regulating valves and stations
and buildings of similar function.
No building shall be used for human occupancy.
An opaque fence or screening material may be required by the Township when deemed
necessary.
3

Section 8.12 SITE CONDOMINIUMS

A site condominium shall be defined as a condominium project wherein individual parcels of
land constituting individual development sites are proposed for separate ownership and use, in a
fashion similar to a subdivision. “Condominium Project”, as that phrase is defined by the
Condominium Act, being Act 59, Public Acts of l978, as amended, is a project consisting of
more than (2) condominium units and which is not subject to the provisions of the Land Division
Act, being Act 288, Public Acts of 1967, as amended. Site condominium projects shall be
limited to zoning districts R-1 and R-2. A site condominium project developer shall submit to
the Township Zoning Administrator an application for review, and deposit a fee to be set by
resolution of the Township Board. The application shall contain data, exhibits, site plans, and
information as required under the Conditional Uses, Section 8.04 of this Ordinance, and
Conditional Uses and Planned Unit Residential Developments, Section 8.10 of this Ordinance.
The application shall then be processed according to the procedures set forth in the Conditional
Uses, Section 8.02 - 8.06 of this Ordinance, and Planned Unit Residential Development, Section
8.10 of this Ordinance.
4

Section 8.13 PUBLIC FACILITIES

Permit public facilities on any non-residentially zoned property via a conditional use permit.

3
4

Amendment 5 – See Appendix A
Amendment 071398 – See Appendix A

38
Page 173 of 244

ARTICLE 9. PARKING AND LOADING REQUIREMENTS

Section 9.01 OFF-STREET PARKING
In all districts, in connection with industrial, business, institutional, agricultural, recreational,
residential, or other use, there shall be provided at the time any building is erected, or uses
established, enlarged or increased in capacity, off-street parking spaces for automobiles with the
requirements herein specified.
A. Plans and specifications showing required off-street parking spaces, including the means of
access and interior circulations, for the above uses, shall be submitted to the Building
Inspector for review at the time of application for a building permit. Required off-street
parking facilities shall be located on the same lot as the principal building or on a lot within
three hundred (300) feet thereof except that this distance shall not exceed one hundred fifty
(150) feet for single family and two-family dwellings. This distance specified shall be
measured from the nearest point of the parking facility to the nearest point of the lot occupied
by the building or use that such facility is required to serve.
B. No parking area or parking space which exists at the time of this Ordinance becomes
effective or which subsequent thereto is provided for the purpose of complying with the
provisions of this Ordinance shall thereafter be relinquished or reduced in any manner below
the requirements established by this Ordinance, unless additional parking area or space is
provided sufficient for the purpose of complying with the provisions of this Ordinance within
three hundred (300) feet of the proposed or existing uses for which such parking will be
available.
C. Parking of motor vehicles in residential zones shall be limited to passenger vehicles, one (1)
camper-type recreational vehicle per dwelling unit, and not more than one (1) commercial
vehicle of the light delivery type, not to exceed three-quarter (3/4) ton, shall be permitted per
dwelling unit. The parking of any other type of commercial vehicle or bus, except for those
parked on school or church property, is prohibited in a residential zone. Parking spaces for
all types of uses may be provided either in garages or parking areas conforming with the
provisions of this Ordinance.
D. Each off-street parking space for automobiles shall not be less than two hundred (200) square
feet in area, exclusive of access drives or aisles, and shall be of usable shape and condition.
There shall be provided a minimum access drive of ten (10) feet in width, and where a
turning radius is necessary, it will be of such an arc as to reasonably allow an unobstructed
flow of vehicles. Parking aisles for automobiles shall be of sufficient width to allow a
minimum turning movement in and out of a parking space. The minimum width of such
aisle shall be:
1. For ninety (90) degree perpendicular parking, the aisle shall not be less than twenty-two
(22) feet in width.

39
Page 174 of 244

2. For sixty (60) degree parking, the aisle shall not be less than eighteen (18) feet in width.
3. For forty-five (45) degree parking, the aisle shall not be less than thirteen (13) feet in
width.
4. For parallel parking, the aisle shall not be less than ten (10) feet in width.
E. Off-street parking facilities required for churches may be reduced by fifty (50) percent where
churches are located in nonresidential districts and within three hundred (300) feet of usable
public or private off-street parking areas. Off-street parking facilities for trucks at
restaurants, service stations, and other similar and related uses shall be of sufficient size to
adequately serve trucks and not interfere with other vehicles that use the same facilities.
Such truck spaces shall not be less than ten (10) feet in width and fifty-five (55) feet in
length.
F. Every parcel of land hereafter used as a public or private parking area shall be developed and
maintained in accordance with the following requirements:
1. All off-street parking spaces shall not be closer than five (5) feet to any property line,
except where a wall, fence, or compact planting strip exists as a parking barrier along the
property line.
2. All off-street parking areas shall be drained so as to prevent drainage to abutting
properties and shall be constructed of materials which will have a dust-free surface
resistant to erosion.
3. Any lighting fixtures used to illuminate any off-street parking area shall be so arranged as
to reflect the light away from any adjoining premises and streets.
4. Any off-street parking area providing space for five (5) or more vehicles shall be
effectively screened on any side which adjoins, or faces property adjoining, a residential
lot or institution, by a wall, opaque fence, or compact planting no less than four (4) feet in
height. Plantings shall be maintained in good condition and not encroach on adjoining
property.
5. All off-street parking areas that make it necessary for vehicles to back out directly into a
public road are prohibited, provided that this prohibition shall not apply to off-street
parking areas of single or two-family dwellings.
6. Combined parking facilities are allowed when two (2) or more uses occur on one (1)
property or when a building(s) on one (1) property contains two (2) or more uses,
provided that the permanent allocation of the required number of parking spaces shall be
the sum of the requirements for the various uses and computed in accordance with this
Ordinance. Parking facilities for one (1) use shall not be considered as providing the
required parking facilities for any other use, except churches.

40
Page 175 of 244

G. Any sign intended to advertise parking or loading facilities shall be constructed in
accordance with the regulations specified in Article 6.
H. A business involving the repair, service, sale, or display of vehicles is prohibited in areas
used for parking or loading.
I. For the purposes of determining off-street parking requirements, the following units of
measurement shall apply:
1. Floor Areas: In the case of uses where floor area is the unit for determining the required
number of off-street parking spaces, said unit shall mean the gross floor area, except that
such floor area need not include any area used for incidental service, storage, installations
of mechanical equipment, penthouses, housing ventilators and heating systems and
similar uses.
2. Places of Assembly: In stadiums, sport arenas, churches and other places of assembly in
which those in attendance occupy benches, pews, or other similar seating facilities, each
eighteen (18) inches of such seating facilities shall be counted as one (1) seat. In cases
where a place of assembly has both fixed seats and open assembly area, requirements
shall be computed separately for each type and added together.
3. Fractions: When units of measurement determining the number of required parking
spaces result in requirement of a fractional space, any fraction up to and including onehalf (1/2) shall require one (1) parking space.
4. The minimum required off-street parking spaces shall be set forth as follows:
Automobiles or Machinery Sales and Service Garages: One (1) space for each two
hundred (200) square feet of showroom floor area, plus two (2) spaces for each service
bay, plus one (1) space for each two (2) employees on the maximum shift.
Banks, Business and Professional Offices: Two (2) parking spaces for each two hundred
(200) square feet of floor area, plus one (1) parking space for each employee working
within the building.
Barber Shops and Beauty Parlors: Two (2) spaces for each chair, plus one (1) space for
each employee.
Boarding and Lodging Houses and Fraternities: Two (2) parking spaces for each three
(3) beds.
Bowling Alleys: Five (5) parking spaces for each alley, plus one (1) space for each
employee per shift.

41
Page 176 of 244

Churches, Auditoriums, Stadiums, Sports Arenas, Theaters, Dance Halls, Assembly Halls
other than Schools: One (1) space for each four (4) seats, or for each four (4) persons
permitted in such edifice as stated by the Fire Marshall.
Clinics: Four (4) spaces for each doctor, plus one (1) space for each employee per shift.
Convalescent Home, Orphanage, or Similar Use: One (1) parking space for each four (4)
beds, plus one (1) space for each two (2) employees, including nurses, per shift.
Drive-In Banks, Cleaners, and Similar Businesses: Storage space for five (5) cars
between the sidewalk area and the service window and one (1) parking space for each
two (2) employees.
Drive-In Eating Establishments: Ten (10) parking spaces, plus and one (1) parking space
for each twenty (20) square feet of floor area.
Dwellings (Single and Two-Family): Two (2) parking spaces for each family dwelling
unit.
Funeral Homes and Mortuaries: Four (4) spaces for each individual chapel or one (1)
space for each fifty (50) square feet of floor area, whichever is greater, plus one (1)
parking space for each fleet vehicle.
Furniture, Appliance Stores, Household Equipment and Furniture Repair Shops: One (1)
parking space for each four hundred (400) square feet of floor area.
Gasoline Filling and Service Stations: One (1) parking space for each repair and service
stall, plus one (1) space for each employee per shift.
General Office Building: One (1) parking space for each four hundred (400) square feet
of gross floor area, excluding auto parking within or on the building, plus one (1) parking
space per two (2) employees per shift.
Hospitals: One (1) space for each bed, plus one (1) space for each two (2) employees.
Hotel, Motels, Lodging Houses, Tourist and Boarding Homes: One (1) parking space for
each living unit, plus one (1) parking space for each two (2) employees per shift.
Libraries, Museums, Post Offices: One (1) parking space for each eight hundred (800)
square feet of floor area, plus one (1) parking space for each two (2) employees per shift.
Livestock Auction: Two (2) square feet of parking area for each one (1) square foot of
buildings, pens, and all enclosed area on the premises of the auction facility.
Manufacturing, Fabricating, Processing and Bottling Plants, Research and Testing
Laboratories: One (1) space for each two (2) employees on maximum shift.

42
Page 177 of 244

Restaurants, Taverns, Night Clubs and Private Clubs: One (1) parking space for each two
(2) patron seats, plus one (1) parking space for each two (2) employees per shift.
Retail Stores, Except as Otherwise Specified Herein: One (1) parking space for each one
hundred fifty (150) square feet of floor area excluding auto parking space within or on
the building.
Roadside Stands: Five (5) parking spaces, plus one (1) parking space for each twentyfive (25) square feet of floor area.
Schools, Private or Public Elementary and Junior High Schools: One (1) space for each
employee normally engaged in or about the building or grounds, plus one (1) space for
each thirty (30) students enrolled.
Senior High School and Institution of Higher Learning, Private or Public: One (1)
parking space for each employee (including teachers and administrators), plus one (1)
space for each ten (10) students in addition to the requirements of the auditorium.
Self-Service Laundry or Dry Cleaning Stores: One (1) space for each two (2) washing
and/or dry cleaning machines.
Supermarket, Self-Service Food and Discount Stores: Two (2) spaces for each two
hundred (200) square feet of floor area, plus one (1) space for each two (2) employees per
shift.
Wholesale Establishments and Warehouses: One (1) space for each four hundred (400)
square feet of floor area, plus one (1) space for each two (2) employees.
5. For uses not specifically mentioned herein, off-street parking requirements shall be
established by the Zoning Administrator from requirements for similar uses.

Section 9.02 LOADING--UNLOADING REQUIREMENTS
In connection with every building or part thereof hereafter erected, except single and two-family
dwelling unit structures, there shall be provided on the same lot with such buildings, off-street
loading and unloading spaces for uses which customarily receive or distribute material or
merchandise by vehicle.
A. Plans and specifications showing required loading and unloading spaces including the means
of ingress and egress and interior circulation shall be submitted to the Zoning Administrator
for review at the time of application for a building permit for the erection or enlargement of a
use of a building or structure.

43
Page 178 of 244

B. Each off-street loading--unloading space shall not be less than the following:
1. In a residential district, a loading--unloading space shall not be less than ten (10) feet in
width and twenty-five (25) feet in length and, if a roofed space, not less than fourteen
(14) feet in height.
2. In any commercial or industrial district, loading--unloading space shall not be less than
ten (10) feet in width and fifty-five (55) feet in length, and if a roofed space, not less than
fifteen (15) feet in height.
C. Subject to the limitations of the next paragraph, a loading--unloading space may occupy all
or any part of any required side or rear yard, except the side yard along a side street in the
case of a corner lot. In no event shall any part of a required front yard be occupied by such
loading space.
D. Any loading--unloading space shall not be closer than fifty (50) feet to any other lot located
in any residential district unless wholly within a completely enclosed building or unless
enclosed on all sides by a wall, opaque fence, or compact planting not less than six (6) feet in
height.
E. In the case of mixed uses on one (1) lot or parcel, the total requirements for off-street
loading--unloading facilities shall be the sum of the various uses computed separately.
F. All off-street loading--unloading facilities that make it necessary to back out directly into a
public road shall be prohibited.
G. Off-street loading space and access drives shall be paved, drained, lighted, and shall have
appropriate bumper or wheel guards where needed and any light used for illumination shall
be so arranged as to reflect the light away from the adjoining premises and streets.
H. Off-street loading--unloading requirements for residential (excluding single family
dwellings), hotels, hospitals, mortuaries, public assembly, offices, retail, wholesale, or
distribution by vehicles, the uses having over ten thousand (10,000) square feet of gross floor
area shall be provided with at least one (1) off-street loading--unloading space, and for every
additional twenty thousand (20,000) square fee of gross floor space, or fraction thereof, one
(1) additional loading--unloading space, the size of such loading--unloading space subject to
the provisions of this Ordinance.
I. For uses not specifically mentioned herein, loading--unloading requirements shall be
established by the Building Inspector from requirements for similar uses.

44
Page 179 of 244

ARTICLE 10. “A” AGRICULTURAL DISTRICT

Section 10.01 PURPOSE
The purpose of this district is to protect and stabilize the essential characteristics of agricultural
areas within the Township, and to insure proper maintenance of conditions for healthful and
economically productive agricultural activities by preserving those areas which are
predominately agricultural in nature, and which are most appropriate for present and future
agricultural developments. The requirements of this district are designed so as not to impede
necessary urban expansion, but to prevent unwarranted premature urban development from
encroaching upon legitimate agricultural areas, thus disrupting the agricultural resources,
environment, and economy, including the tax base. It is essential that development in areas
which are predominately agricultural be based on sound principles which realize the importance
of such activities to the economy and welfare of the Township.

Section 10.02 PERMITTED USES
The following buildings and structures, and uses of parcels, lots, buildings and structures are
permitted in this district:
A. One or two family dwellings, including type I mobile or manufactured homes, of not less
than nine hundred and fifty (950) square feet of living space per unit.
B. A parcel may be used for general and specialized farming and agricultural activities
including the raising or growing of crops, livestock, poultry and other farm animals, products
and foodstuffs, and any building or structure may be located thereon and used for day-to-day
operation of such activities for the quartering, storage, or preservation of said crops,
livestock, poultry, animals, products and foodstuffs raised or grown on said lot or in said
building for structures, provided that any parcel that is kept as idle cropland shall be treated
as to prevent soil erosion by wind or water.
C. Home Occupations: Customary home occupations such as hair-dressing, millinery,
dressmaking, bookkeeping and accounting services, real estate and insurance sales,
professional offices for not more than one (1) physician, surgeon, dentist, attorney, architect,
engineer, or similar professional practitioner provided that such home occupation shall
satisfy the following conditions:
1. The nonresidential use shall be only incidental to the primary residential use of the
property.
2. The home occupation shall be limited to the principal structure only and utilize no more
than thirty (30) percent of the total floor area.

45
Page 180 of 244

3. There shall be no more than one (1) employee other than members of the immediate
family residing on the premises.
4. All activities shall be conducted indoors.
5. There shall be no external evidence of such occupation except a small announcement sign
as specified herein.
6. No home occupation shall be permitted which is injurious to the general character of the
agricultural district and which creates a hazardous or unhealthy condition.
7. For the purposes of this provision, principal and accessory farm operations shall not be
considered home occupations.
8. No structural alterations or additions, either interior or exterior, shall be permitted in
order to accommodate a home occupation.
D. An accessory use, building, or structure.
E. Essential service structure except as provided in Section 8.11.

Section 10.03 CONDITIONAL USES
The following buildings and structures, and uses of parcels, lots, buildings and structures are
permitted in this district subject to obtaining a conditional use permit as provided in Article 8.
A. The removal of soil, sand, gravel and other minerals.
B. Public and private park camping ground, golf course, golf driving range, clubs, hunting
lodge.
C. Community and governmental buildings.
D. Airport.
E. Sanitary landfill site.
F. Temporary building or trailer office.
G. Roadside stand, provided all of the nursery stock or other agricultural products are raised on
the premises where situated or on the vicinity area of the same township.
H. Dairy products production and processing operations.

46
Page 181 of 244

I. Type II mobile or manufactured home subject to the procedures and criteria contained in
Section 6.24.

Section 10.04 REGULATIONS
The following regulations shall apply in all Agricultural districts:
A. Lot Area: No dwelling shall be established on any lot less than forty (40) acres in area.
B. Lot Width: The minimum lot width shall be three hundred (300) feet.
C. Lot Coverage: The maximum lot coverage shall not exceed fifteen (15) percent.
D. Yard and setback requirements:
1. Front Yard: Not less than sixty (60) feet from the right-of-way line.
2. Side Yards: Least width of either yard shall not be less than fifty (50) feet.
3. Rear Yard: Not less than fifty (50) feet.
4. The above requirements shall apply to every lot, building or structure.
E. Height: The following height requirement shall apply in this district: for Dwelling and NonFarm Buildings and Structures--no dwelling or non-farm building or structure shall exceed a
height of three (3) stories or forty (40) feet.
F. Where an agricultural parcel adjoins a residential district, all farm buildings other than
dwellings shall be located a minimum of ninety (90) feet from the adjoining residential
district.

47
Page 182 of 244

ARTICLE 11. AGRICULTURAL-RESIDENTIAL DISTRICT

Section 11.01 PURPOSE
The Agricultural-Residential Districts are those areas identified by the Township Planning
Commission as being marginal for agriculture production and yet not presently needed for urban
residential type uses. The purpose of this section is to provide for the continual change from
rural agriculture to suburban and from suburban to urban uses. The Agricultural-Residential
Districts are expected to remain essentially in agriculture production, but provide for the
transition of these uses to more intensively used rural residential developments on large lots
providing a variety of housing types.

Section 11.02 PERMITTED USES
A. All uses permitted in Article 10, Agricultural District.
B. Mobile homes and manufactured homes, type II, subject to the procedures and criteria
contained in Article 6.24.

Section 11.03 CONDITIONAL USES
A. The removal of soil, sand, gravel and other minerals.
B. Public and private park camping ground, golf course, golf driving range, clubs, hunting
lodge.
C. Community and governmental buildings.
D. Airport.
E. Temporary building or trailer office.
F. Roadside stand, provided all of the nursery stock or other agricultural products are raised
on the premises where situated or on the vicinity area of the same township.
G. Mobile or manufactured home parks, subject to the procedures and criteria contained in
Article 14.
H. Mobile or manufactured home subdivisions, subject to the procedures and criteria
contained in Article 6.24.

48
Page 183 of 244

I.

5

Developments exercising the Open Space Preservation option in Section 6.25 of this
Ordinance.

Section 11.04 HEIGHT REGULATIONS
A. For any dwelling thirty-five (35) feet, not exceeding two and one-half (2-1/2) stories.
B. For any building accessory to a dwelling use, fourteen (14) feet, not exceeding one (1) story.
C. For any other nonresidential building or other structure, thirty-five (35) feet, except that such
height may be increased to a maximum of sixty-five (65) feet provided that for every foot of
height in excess of thirty-five (35) feet, there shall be added to each yard requirement one (1)
corresponding foot of width and depth.

Section 11.05 AREA, WIDTH AND YARD REGULATIONS
A. Minimum Lot Area and Width: A lot area of not less than two (2) acres, with no dimension
less than two hundred (200) feet at the building line, shall be provided for every building or
other structure erected or used for any use permitted in this district except a lot of record of
not less than ten thousand (10,000) square feet and seventy (70) feet in width at the building
line may be developed for single family residential use. The depth of any lot shall not exceed
three (3) times the width of the lot.
The minimum lot area and width requirements for use dealing with a public utility may be
reduced when authorized by the Planning Commission.
B. Front Yards: On every lot or premises there shall be a front yard not less than eight-five (85)
feet in depth from the centerline of the road nor less than fifty (50) feet from the right-of-way
line.
C. Side Yards:
1. On each interior lot, there shall be two (2) side yards having an aggregate width of not
less than thirty (30) percent of the total lot width at the building line and neither side yard
having a width of less than thirty (30) feet.
2. On each corner lot, there shall be two (2) side yards, the side yard abutting the street
having a width of not less than eighty-five (85) feet from the centerline of the street, and
the side yard not abutting the street having a width of not less than twenty (20) feet.
3. On any lot and any side yard not abutting the street, a detached private garage may be
erected and maintained within the rear yard of the lot if not closer to the side lot line than
twenty (20) feet.
5

Amendment 4 – See Appendix A

49
Page 184 of 244

D. Rear yard: There shall be a rear yard on each lot, the depth of which shall be not less than
fifty (50) feet, except that an accessory use structure may be erected within the rear yard not
closer to the rear property line than ten (10) feet.
E. Building Coverage: Not more than ten (10) percent of the area of any lot shall be occupied
by buildings.

Section 11.06 SITE DEVELOPMENT STANDARDS FOR FARMS
The use of land and structures within the Agricultural-Residential District for agricultural
purposes shall conform to the following standards:
A. Minimum Farm Size: A farm within an Agricultural-Residential District shall encompass a
minimum of five (5) acres.
B. Minimum Lot Size: No dimension of any farm shall be more than three (3) times any other
dimension of the farm property. Each dwelling placed on a farm in addition to the principal
farm dwelling occupied by the farm owner or operator shall be situated on a lot
encompassing a minimum of twenty thousand (20,000) square feet per dwelling unit. The
width of such lot shall be not less than one hundred (100) feet.
C. Minimum Setback: All dwellings and structures shall be situated no closer than fifty (50)
feet to the closest point of the right-of-way of a street or road, nor closer than fifty (50) feet
to the nearest point on a property boundary defining the limits of a farm or a lot. Accessory
structures used to house livestock or fowl shall not be located closer than one hundred (100)
feet to the nearest point of any property boundary defining the limits of a farm or a lot.

Section 11.07 OFF-STREET PARKING
Off-street parking requirements will be in accordance with the provisions of Article 9 of this
Ordinance.

Section 11.08 SIGNS
Sign requirements will be in accordance with the provisions of Article 6 of this Ordinance.

Section 11.09 LIVESTOCK--SPECIAL PROVISION
No livestock shall be harbored, kept, or maintained on any property which is not classified as a
farm in accordance with Section 11.06 above.

50
Page 185 of 244

ARTICLE 12. “R-1” LOW DENSITY RESIDENTIAL DISTRICTS

Section 12.01 PURPOSE
The purpose of this district is to provide area for outlying residential development on lots of
sufficient size to accommodate the safe and healthful on-site water supply and liquid wastewater
disposal, since these areas will likely remain unserved by public water-sewer services for an
extended period of time. It is also the purpose of this district to protect and stabilize the essential
characteristics of these areas, in order to promote and encourage suitable environments for low
density family life until such time as it may be in the public interest to promote development of
greater intensity requiring higher levels of public services and utilities.

Section 12.02 PERMITTED USES
The following buildings and structures and uses of parcels, lots, buildings and structures are
permitted in this district:
A. Single family dwelling (providing not less than 950 square feet of living space per unit),
including manufactured and mobile home, type I and any use, building, or structure
accessory thereto.
B. Two-family dwelling, except on lake front lots, and any use, building or structure accessory
thereto.
C. Essential service structures except as provided in Section 8.11; the keeping of household pets
is expressly permitted; but the keeping of any other animals or poultry, for any purpose, shall
not be permitted, provided, however, a horse or pony for private use only and not for hire,
may be kept on lots or parcels of ground one (1) acre or more in size. In addition, such use
may be permitted on parcels of less than one (1) acre in size but only after prior approval of
the Zoning Board of Appeals. Before granting or denying such application the Zoning Board
of Appeals shall consider whether or not such use on parcels less than one (1) acre in size
will or may create a nuisance to adjacent owners by reason of odor, flies, or unsanitary
conditions. Provided further, the Zoning Board of Appeals in granting such use on tracts or
parcels of land less than one (1) acre in size may impose such conditions as will fully
regulate and control such use for any trial period of time in its discretion.

Section 12.03 CONDITIONAL USES
The following buildings and structures, and uses of parcels, lots, buildings and structures are
permitted subject to obtaining a conditional use permit as provided in Article 8.
A. Golf Course.

51
Page 186 of 244

B. Country Club, public swimming pool, recreation club, and private and public park and
playground.
C. Church and public building.
D. Public and private nursery, primary and secondary school.
E. Home occupation as prescribed in Section 10.02 C.
F. Temporary building or trailer office.

Section 12.04 REGULATIONS
The following regulations shall apply in all “R-1” Low Density Residential Districts:
A. 6Lot Area: Where a lot is served with a public water supply system and a central sanitary
sewerage system there shall be provided a minimum of ten thousand (10,000) square feet of
lot area for each single family dwelling unit and fifteen thousand (15,000) square feet of lot
area for each two (2) family dwelling unit. Where a lot is not so served, there shall be
provided a minimum of twelve thousand (12,000) square feet of lot area for each single
family dwelling unit and twenty-four thousand (24,000) square feet of lot area for each two
(2) family dwelling unit. The minimum lot area for all other buildings and structures, except
essential service structures, shall be two (2) acres.
A. Lot Area: Where a lot is served with a central sanitary sewage system which is available and
accessible and which will serve that residential lot, there shall be provided a minimum of ten
thousand (10,000) square feet of lot area for each single family dwelling unit and fifteen
thousand (15,000) square feet of lot area for each two family dwelling unit. Where a lot is
not so served, there shall be a minimum of twelve thousand (12,000) square feet of lot area
for each single family dwelling unit and twenty-four thousand (24,000) square feet of lot area
for each two family dwelling unit. The minimum lot area for all other buildings and
structures, except essential service structures, shall be two (2) acres.
Not withstanding these provision, and with respect to a platted residential lot in any
subdivision with respect to which the final plat was approved by the State of Michigan prior
to February 9, 1976, the minimum lot area shall be seven thousand two hundred (7,200)
square feet provided that:
1) The residential lot has a public sewer system available and accessible and the sewer
system will serve that residential lot;
2) The groundwater supply on that residential lot meets or exceeds the water supply rules of
the Department of Public Heath for subdivisions not serviced by public water;
6

Amendment 2 – See Appendix A

52
Page 187 of 244

3) 7The record owner(s) of such lot, on the effective date of this amendment, does not own
contiguous property which, when combined with said lot, would exceed 10,000 square
feet.
B. 6Lot Width: The minimum width for lots served with a central water supply system and a
central sanitary sewage system shall be not less than seventy (70) feet. Where a lot is not so
served, the minimum lot width shall be seventy-five (75) feet.
For the purpose of this section, and only this section, minimum width shall be defined as the
lot width at a point where the side lot lines are at their closest.
Where a lot is seventy (70) feet wide, or more, for most of its width, and because of the
peculiar shape of the lot, the intent of this provision is fulfilled, and the Board of Appeals
may issue a variance on application and finding of unnecessary hardship or compelling
necessity.
B. Lot Width: The minimum width for lots served with a central sanitary sewage system shall
be not less than seventy (70) feet. Where a lot is not so served, the minimum lot width shall
be seventy-five (75) feet. Notwithstanding the foregoing, and with respect to a platted
residential lot in any subdivision with respect to which the final plat was approved by the
State of Michigan prior to February 9, 1976, the minimum lot width shall be that specified in
such approved plat but, in no event, less than forty (40) feet, provided that:
1) The residential lot has a public sewer system available and accessible and the sewer
system will serve that residential lot;
2) The groundwater supply on that residential lot meets or exceeds the water supply rules of
the Department of Public Health for subdivisions not serviced by public water;
3) 7The record owner(s) of such lot, on the effective date of this amendment, does not own
contiguous property which, when combined with said lot, would exceed 70 feet in width
or, where not served by a sanitary sewer, would exceed 75 feet in width.
6

For purposes of this section, and only this section, minimum width shall be defined as the lot
width at the point where the side lot lines are at their closest.
Where a lot would otherwise meet the minimum width requirements of this section, or more,
for most of its width, and because of the peculiar shape of the lot, the intent of this provision
is fulfilled, then the Board of Appeals may issue a variance on application and finding of
unnecessary hardship or compelling necessity.

7
6

Amendment 3 – See Appendix A
Amendment 2 – See Appendix A

53
Page 188 of 244

C. Lot Coverage: The maximum lot coverage shall not exceed thirty (30) percent.
D. Yard Requirements:
1. Front Yard: Not less than thirty-five (35) feet.
2. Side Yards: Least width of either yard shall not be less than eight (8) feet, but the sum of
the two (2) side yards shall not be less than twenty (20) feet; except in the case where the
side yard on the road or street side shall not be less than thirty-five (35) feet.
3. Rear Yard: Not less than thirty (30) feet.
4. The above requirements shall apply to every lot, building, or structure.
E. Height: The following height requirements shall apply in this district:
1. For Buildings and Structures: No building and no structure shall exceed a height of two
and one-half (2-1/2) stories, but not exceeding thirty five (35) feet.
2. For Detached Accessory Buildings: No detached accessory building shall exceed a
height of twenty-five (25) feet.

54
Page 189 of 244

ARTICLE 13. “R-2” HIGH DENSITY RESIDENTIAL DISTRICT

Section 13.01 PURPOSE
The purpose of this district is to provide a stable environment for medium to high-density
residential areas with suitable open space. This district shall generally be located in the vicinity
of major highways and thoroughfares to allow easy access to local facilities. At no time shall
such a district be so located as to increase traffic flows on local residential streets. The district
allows flexibility of lot size dependent upon the availability of public sewer and water services.

Section 13.02 PERMITTED USES
A. Multiple dwellings.
B. Essential service structures except as provided in Section 8.11.

Section 13.03 CONDITIONAL USES
A. Single family or two (2) family dwellings.
B. Churches or public buildings.
C. Public and private nurseries.
D. Primary and secondary schools.
E. Convalescent homes.
F. Row housing exceeding the maximums specified in 13.04 H.
G. A planned unit residential development, only in accordance with the procedures and
regulations specified in Article 8.

Section 13.04 REGULATIONS
The following regulations shall apply in all “R-2” High Density Residential Districts:
A. 9Lot Area: Where a lot is served with municipal utilities there shall be provided a minimum
lot area of six thousand (6,000) square feet per dwelling unit. Where a lot is not so served,
there shall be provided a minimum lot area of ten thousand (10,000) square feet per dwelling
unit.
9

Amendment 2 – See Appendix A

55
Page 190 of 244

A. 9Lot area: Where a lot is served with a central sanitary sewage system, there shall be
provided a minimum lot area of six thousand (6,000) square feet per dwelling unit. Where a
lot is not so served, there shall be provided a minimum lot area of ten thousand (10,000)
square feet per dwelling unit.
B. Lot Width: The minimum lot width for lots served with municipal utilities shall be one
hundred (100) feet. Where a lot is not so served, the minimum lot width shall be one
hundred twenty (120) feet.
B. Lot Width: The minimum width for lots served with a central sanitary sewage system shall
be not less than seventy (70) feet. Where a lot is not so served, the minimum lot width shall
be seventy-five (75) feet. Notwithstanding the foregoing, and with respect to a platted
residential lot in any subdivision with respect to which the final plat was approved by the
State of Michigan prior to February 9, 1976, the minimum lot width shall be that specified in
such approved plat but, in no event, less than forty (40) feet, provided that:
1) The residential lot has a public sewer system available and accessible and the sewer
system will serve that residential lot;
2) The groundwater supply on that residential lot meets or exceeds the water supply rules of
the Department of Public Health for subdivisions not serviced by public water;
3) 10The record owner(s) of such lot, on the effective date of this amendment, does not own
contiguous property which, when combined with said lot, would exceed ten thousand
(10,000) square feet.
9

For purposes of this section, and only this section, minimum width shall be defined as the lot
width at the point where the side lot lines are at their closest.
Where a lot would otherwise meet the minimum width requirements of this section, or more,
for most of its width, and because of the peculiar shape of the lot, the intent of this provision
is fulfilled, then the Board of Appeals may issue a variance on application and finding of
unnecessary hardship or compelling necessity.
C. Lot Coverage: The maximum lot coverage shall not exceed thirty-five (35) percent.
D. Yard Requirements:
1. Front Yard: Not less than thirty-five (35) feet.
2. Side Yard: Not less than twenty (20) feet.
3. Rear Yard: Not less than thirty (30) feet.
9
10

Amendment 2 – See Appendix A
Amendment 3 – See Appendix A

56
Page 191 of 244

4. The above requirements apply to every lot, building, or structure.
E. Height: The following height requirements shall apply in this district:
1. For buildings and structures: No building and no structure shall exceed a height of two
and one-half (2-1/2) stories, or a height of thirty-five (35) feet.
2. For detached accessory building: No detached accessory building shall exceed a height
of twenty-five (25) feet.
F. Off-Street Parking: Provision for adequate off-street parking shall be made on the basis of
three (3) parking spaces per dwelling unit.
G. No building shall be any closer than forty (40) feet to an adjacent building.
H. No row of multiple family housing shall exceed six (6) dwellings in a row for two (2) story
dwellings, and four (4) dwellings in a row for one (1) story dwellings.

57
Page 192 of 244

ARTICLE 14. “R-3” MOBILE HOME PARK DISTRICT

Section 14.01 PURPOSE
The purpose of this district is to provide for the location and development of mobile home parks,
specifying those standards that will insure the maintenance of such facilities and preserve a good
quality of life within the mobile home park and on adjacent properties.

Section 14.02 PERMITTED USE
All “R-3” Mobile Home Park Districts shall be used for no purpose except mobile home parks
and accessory buildings and uses including residence for the mobile home park owner and
family.

Section 14.03 CONDITIONAL USES
No use shall be allowed in the “R-3” Mobile Home Park District with the exception of those
specified in Section 14.02 Permitted Uses.

Section 14.04 REGULATIONS
A. Accountability: Any mobile home park shall conform to all requirements imposed by Act
243 of the Michigan Public Acts of 1959, and amendments thereto, except in such a case
where the provisions of this Ordinance specify more restrictive conditions and limitations. In
such a case, the provisions of this Ordinance shall govern.
B. Application for Building Permit and Construction: No person or corporation shall commence
construction of or construct any mobile home park, including concrete slabs, or add to or
alter the number of sites for mobile homes within the park or affect the facilities required
therein, prior to obtaining a building permit from the Township Planning Commission.
Applications for such permit shall be filed in triplicate with the Building Inspector and shall
include the following:
1. A permit from the Michigan Department of Public Health, or application therefor, as
required by Act 243, Public Acts of 1959, as amended (Michigan Trailer Coach Park
Act).
2. A complete preliminary site plan with the following information:
a) The name of the proposed mobile home park.
b) Names, addresses and telephone numbers of the developer or his representative.

58
Page 193 of 244

c) Location of the mobile home park, giving the numbers of section, township and range
and the name of the township and county.
d) A map of the entire area scheduled for development, if the proposed development is a
portion of a larger holding intended for subsequent development.
e) A location map showing the relationship of the proposed development and the
adjacent tracts.
f) The present land use and existing zoning of the proposed development and the
adjacent tracts.
g) Interior streets, streets, street names, right-of-way and roadway widths.
h) All lot lines and open spaces with dimensions shown.
i) Topographic contours shall be shown on the plan at five (5) foot intervals where slope
is ten (10) percent and two (2) foot intervals where slope is ten (10) percent less.
j) Delineation of all improvements required in this section.
3. Information which the Township Planning Commission may find reasonably necessary to
evaluate the proposed development as to its legal status and its effect on surrounding
areas.
4. Deposit: The application for the installation or construction of a mobile home park shall
be accompanied by a deposit of five hundred dollars ($500.00) to defray the expense of
reports by engineers and other experts in assistance to the Township Planning
Commission in its consideration of said application. The issuance of a permit shall
entitle a proprietor to continue to operate a mobile home park so long as he remains in
compliance with the regulatory ordinance of Penn Township and the State of Michigan.
C. Periodic Inspection: The Township Building Inspector or other agents authorized by the
Township Board are granted the power and authorized to enter upon the premises of any such
park at any time for the purpose of determining and/or enforcing any provision or provisions
of this or any other township ordinance applicable to the conduct and operation of mobile
home parks.
D. Revocation of Permits: In the event a mobile home park shall violate any of the regulations
of the Ordinance or any other township ordinance applicable to the conduct and operations of
a mobile home park, and after being given a reasonable period of time to correct any such
violation, he shall be ordered to show cause before the Township Board at any open public
meeting why his permit shall not be revoked, and if it shall appear that the proprietor has
violated any of the provisions of the Township park, his permit shall be revoked and he shall
cease to operate, or a civil penalty of not to exceed one hundred dollars ($100.00) per day for
each day of violation will be imposed.

59
Page 194 of 244

E. Mobile Home Usage: Each mobile home within a mobile home park shall contain a flush
toilet, sleeping accommodations, a tub or shower bath, kitchen facilities and plumbing and
electrical connections designed for attachment to appropriate external systems.
F. Requirements for Accessory Uses:
1. Accessory buildings or structures under park management supervision, shall be used only
as office space, storage, laundry facilities, recreation facilities, garage storage or other
necessary service for park resident use only. No accessory building or structure shall
exceed twenty-five (25) feet in height, nor two (2) stories; except community television
antenna; and shall meet the requirements of other applicable codes and ordinances.
2. A mobile home may be displayed and offered for sale, provided that the mobile home is
situated on a permanent pad within the mobile home park.
3. One (1) identification sign, approved in conjunction with the final site plan approval of
the mobile home park. In no case shall such sign be larger than sixty (60) square feet in
surface area, nor have any moving parts, nor stand higher than ten (10) feet from the
ground to the top of the sign. Such sign shall be no closer to the public right-of-way line
than thirty (30) feet.
4. No more than one (1) entry and one (1) exit sign at each access drive onto the public
right-of-way, approved in conjunction with the final site plan approval of the mobile
home park. In no case shall the sign be larger than two (2) feet in surface area, nor have
any moving parts, nor stand higher than five (5) feet from the ground to the top of the
sign.
5. Not more than one (1) sign at a local intersection of such park which identifies the local
street by name, the sign approved in conjunction with the final site plan approval of the
mobile home park. In no case shall the sign be larger than one (1) square foot in surface
area per local street name, nor stand higher than seven (7) feet from the ground to the top
of the sign.
G. Minimum Mobile Home Park Area: The land area of a mobile home park shall not be less
than fifteen (15) acres.
H. Isolation of Park: Each boundary of the mobile home park must be at least two hundred
(200) feet from any permanent residential building located outside the park, unless separated
by a natural or artificial barrier, or unless a majority of owners of such property within two
hundred (200) feet thereof consent in writing to the establishment of the park. An acceptable
barrier would be a buffer of trees and shrubs not less than twenty (20) feet in depth to be
located and maintained along area boundaries of the park.
I. Lot Area Requirements: Mobile home sites shall be at least five thousand (5,000) square feet
in area.

60
Page 195 of 244

J. Yard Dimensions: Each mobile home site shall have side yards with each yard having a
width of not less than fifteen (15) feet and the aggregate width of both said yards not less
than forty (40) feet. Each mobile home site shall have front and rear yards with each such
yard not less than ten (10) feet in width and the aggregate width of both said yards not less
than thirty (30) feet. For the purpose of the section, yard width shall be determined by
measurement from the mobile home face (side) to its mobile home site boundary which,
every point shall not be less than the minimum width herein provided. Open patios, carports,
and individual storage facilities shall be disregarded in determining yard widths. Enclosed
all-weather patios shall be included in determining yard widths. The front yard is that yard
which runs from the hitch end of the mobile home to the nearest site line. The rear yard is at
the opposite end of the mobile home and side yards are at right angles to the front and rear
ends.
K. Occupancy: A mobile home shall not be permitted to occupy single or multiple sites if either
its length or width would cause it to occupy the space required by yard set back dimensions.
L. Isolation of Pads: From all pads, the following minimum distances shall be maintained--fifty
(50) feet to the boundary of such park which is not a public street or highway; fifteen (15)
feet to any collector street of such park (parking bay, local drive, or central parking drive that
is not a collector street). A park collector street is that roadway which carries traffic from
local park streets, drives and parking areas to public street(s) outside the park--eight (8) feet
to any common walkway or local drive of such park; fifty (50) feet to any parking area
signed for general parking in such park (general parking defines parking bays for other than
park residents); fifty (50) feet to any service building in such park.
M. Provision of Utilities and Services:
1. Sewer: All mobile homes within a mobile home park shall be suitably connected to a
common sewer service provided at each mobile home site. The mobile home park shall
connect to a public sewer system where a public sewer system is available and accessible.
Where no public sewer system is available and accessible, devices for the collection,
treatment and disposal of sewage satisfactory to the Michigan Department of Public
Health shall be provided. If no practicable way can be found by which proper waste
disposal is assured, no permit shall be issued.
2. Water: All mobile homes within a mobile home park shall be suitably connected to
common water service provided at each mobile home park. Running water from a state
tested and approved supply designed for a minimum flow of two hundred (200) gallons
per day per mobile home site shall be piped to each mobile home.
3. Electric, Telephone and Cable TV: An electric outlet supplying at least 100-220 volts
shall be provided for each mobile home space. All electric, telephone and other lines
from supply poles outside the park or other sources to each mobile home site shall be
underground.

61
Page 196 of 244

4. Fuel Lines: All fuel lines leading to park and to mobile home sites shall be underground
and so designed as to conform with the Township Building Code and any State Code that
is found to be applicable.
5. Disposable of Garbage and Trash: All garbage and trash containers shall be placed in a
conveniently located similarly designed enclosed structure(s). The removal of trash shall
take place not less than once a week. Individual incinerators shall be prohibited. The
method used for such removal shall be approved by the State and inspected periodically
by the Cass County Health Department.
6. Fire Extinguishers: Fire extinguishers bearing the underwriter’s label and of a type
approved for such service by the Commission of State Police shall be placed and
maintained at locations within two hundred (200) feet of each trailer site. Each fire
extinguisher shall be periodically examined and kept at all times in a usable condition.
7. Laundry Facilities: On site outdoor laundry space of adequate area and suitable location,
shall be provided if park is not furnished with outdoor dryers. Where outdoor drying
space is required or desired, individual clothes drying facilities on each site of the
collapsible umbrella type of hanging apparatus shall be allowed, with park management
providing a concrete imbedded socket at each site.
N. Storm Drainage: Storm drainage facilities shall be so constructed as to protect those that will
reside in the mobile home park, as well as the property owners adjacent to the park. Such
park facilities shall be of such capacity to insure rapid drainage and prevent the accumulation
of stagnant pools of water in and adjacent to the park.
O. Building Specifications:
1. Support: Each mobile home site shall be provided with two (2) concrete ribbons two (2)
feet wide, six (6) inches thick running approximately the full length of the mobile home.
This pad will be so constructed, graded and placed to be durable and adequate for the
support of the maximum anticipated load during all seasons.
Each mobile home shall be supported on uniform jacks or blocks. In addition, each
mobile home shall have tie-downs or anchors securing both ends and sides.
Alternative pad and support mechanisms may be approved by the Planning Commission
upon request if accompanied by sketches or other documentation.
2. Patio: An all-weather hard surfaced outdoor patio area of not less than one hundred (100)
square feet shall be provided at each mobile home site, conveniently located to the
entrance of the mobile home and appropriately related to open areas of the lot and other
facilities, for the purpose of providing suitable outdoor living space to supplement the
limited interior space of a mobile home.

62
Page 197 of 244

3. Canopies: Canopies and awnings may be attached to any mobile home and may be
enclosed and used for recreation or sun room purposes. When enclosed for living
purposes, such shall be considered as part of the mobile home and a permit required,
issued by the Township Building Inspector before such enclosure can be used for living
purposes.
4. Skirting: Uniform skirting of each mobile home base shall be required within thirty (30)
days after initial placement, such skirting shall be of twenty-six (26) gauge solid sheet
metal, aluminum, or other non-corrosive metal or material of equal strength and so
constructed and attached to this mobile home so as to deter and prevent entry of rodents.
5. Lots: Each mobile home site shall be grass covered or covered with macadam or other
dust-free materials.
P. Storage: Storage of goods and articles out of doors at any mobile home site shall be
prohibited.
Q. Roadways and Turnarounds:
1. General Specifications: All roads, driveways and motor vehicle parking spaces shall be
paved and constructed as to handle all anticipated peak loads, and adequately drained and
lighted for safety and ease of movement of pedestrians and vehicles. All paving shall be
completed within two (2) years from the commencement of construction.
2. Minimum Widths: Minimum widths of roadways shall be as follows: motor vehicle
parking (A), traffic use (B), and minimum pavement width (C):
(A) Parking prohibited, (B) 2-way road, (C) 22 feet; (A) parallel parking 1 side only, (B)
1-way road, (C) 22 feet; (A) parking prohibited, (B) 1-way road, (C) 22 feet; (A) parallel
parking 2 sides, (B) 1-way road, (C) 29 feet; (A) parallel parking 2 sides, (B) 2-way road,
(C) 40 feet.
3. Turnarounds: When a cul-de-sac drive is provided, the radius of such roadway loop
should be a minimum of fifty (50) feet, with the drive length a maximum of three
hundred (300) feet.
R. Parking: Two (2) automobile parking spaces shall be provided within one hundred fifty
(150) feet of each mobile home site. Within such park there shall be provided additional
automobile parking spaces not less than the number of mobile home sites within such park.
Central storage of non-passenger type vehicles including trucks rated over three-quarter ton
capacity and trailers shall be properly screened as not to be a nuisance, and such park central
storage shall not be closer than fifty (50) feet to any mobile home when such storage is
allowed in the mobile home park. Each parking space shall have a minimum width of ten
(10) feet and twenty (20) feet in length.

63
Page 198 of 244

S. Recreation Area: A recreation area of at least three hundred (300) square feet of land per
mobile home site in the park shall be developed and maintained by the management. This
area shall not be less than one hundred (100) feet in its smallest dimension and its boundary
no further than five hundred (500) feet from any mobile home site served. Streets, sidewalks,
parking areas and accessory buildings are not to be included as recreation space in computing
the necessary area.
T. Animal Nuisance: No domestic animals shall be allowed to run at large or commit any
nuisance within the limits of the mobile home park.
U. Maintenance: The management of every mobile home park shall assume full responsibility
for maintaining in good repair and condition all safety and sanitary appliances within the
park. All natural facilities and features shall be maintained in a neat, orderly manner.
V. Registration: Each mobile home park shall be provided with a custodian’s office where each
mobile home entering the park shall be assigned to a lot location, given a copy of the mobile
home park rules and registered according to the prescribed form. Registration shall include
the name of every occupant of the mobile home and the license number of the mobile home’s
accompanying vehicle and the state-issuing license. The management shall keep a registry of
all children of school age occupying mobile homes in the mobile home park. The registry
shall be signed by an occupant of the mobile home, cognizant of all facts contained in the
registration. Any person furnishing misinformation for purposes of registration shall be
deemed to be guilty of a misdemeanor. The registration records shall be neatly and securely
maintained and no registration records shall be destroyed until six (6) years have elapsed
following the date of registration. The registry shall be available at all times for inspection
by law enforcement officers.

64
Page 199 of 244

ARTICLE 15. “C” COMMERCIAL

Section 15.01 PURPOSES
This district is composed of those areas of the Township whose principal use is or ought to be for
convenient retail and personal service establishments serving the day-to-day needs of the
families residing in the area and the motoring public. This district has been located at major
regional highways or intersections of highways and within planned centers rather than scattered
locations throughout the residential areas, to protect adjacent agricultural, residential and
industrial area against the encroachment of incompatible uses, to lessen congestion on and serve
the persons traveling on major through highways.

Section 15.02 PERMITTED USES
The following buildings and structures, and uses of parcels, lots, buildings, and structures are
permitted in this district:
A. Clothing apparel services, including laundry pickup, automatic laundry, dressmaking,
millinery, tailor shop and shoe repair shop.
B. Food services including grocery, meat market, bakery, restaurant, delicatessen and fruit
market, ice-o-mats and similar self-serve units but not including any business of a drive-in
nature.
C. Personal services, including barbershop and beauty salon, medical and dental clinics, music
studios, banks and savings and loan associations.
D. Retail services, including drug store, hardware, gift shop and dry goods and notions store.
E. An accessory use, building, or structure.
F. Essential service structures except as provided in Section 8.11.

Section 15.03 CONDITIONAL USES
The following buildings and structures, and uses of parcels, lots, buildings, and structures are
permitted subject to obtaining a conditional use permit as provided in Article 8.
A. Animal hospital or clinic.
B. Drive-in, retail and service establishments excluding drive-in amusement establishments.
C. Gasoline service stations.

65
Page 200 of 244

D. Planned neighborhood shopping centers.
E. Temporary buildings or trailer office.
F. Motel, hotel.
G. Any sporting goods sales and service.
H. New and used automobile sales and service.
I. Places amusement, entertainment or recreation such as dance hall, bowling alley,
establishments serving alcoholic beverages, miniature golf, commercial swimming pool and
drive-in theater.

Section 15.04 REGULATIONS
The following regulations shall apply in all Commercial Districts:
A. Lot Area: No building or structure shall be established on any lot less than one-half (1/2)
acre in area, except where a lot is served with a public water supply system and a public
sanitary sewerage system, in which case there shall be provided a minimum lot area of ten
thousand (10,000) square feet.
B. Lot Width: The minimum lot width for lots served with a central water supply system and a
central sanitary sewerage system shall be eighty (80) feet. Where a lot is not so served, the
minimum lot width shall be one hundred twenty (120) feet.
C. Lot Coverage: The maximum lot coverage shall not exceed twenty-five (25) percent.
D. Yard and Setback Requirements:
1. Front Yard: Not less than thirty-five (35) feet.
2. Side Yards: Least width of either yards shall not be less than twenty (20) feet, except in
the case of a corner lot or parcel where the side yard on the road or street side shall not be
less than thirty-five (35) feet.
3. Rear Yard: Not less than thirty-five (35) feet.
4. The above yard requirements shall apply to every lot, building, or structure.
E. Height: No building or structure shall exceed a height of thirty-five (35) feet.
F. Transition Strips:

66
Page 201 of 244

1. On every lot in this district which abuts a lot in a residential district there shall be
provided a transition strip. Such transition strip shall be not less than fifteen (15) feet in
width, shall be provided along every lot line, except at front lot lines, which abuts a lot in
a residential district, shall not be included as part of the yard required around a building
or structure, and shall be improved, when said lot in this district is improved, with an
opaque fence, wall or hedge not less than five (5) feet in height, maintained in good
condition.
2. A use or structure on any lot in this district fronting a public road, street, or way shall
provide in addition to and as an integral part of any site development, on the front yard, a
landscaped strip of land twenty (20) feet or more in depth; such landscaped strip to be
defined and designed to provide access to the lot and separate off-street parking areas
from the public right-of-way.

67
Page 202 of 244

ARTICLE 16. “I-1” INDUSTRIAL PARK DISTRICT

Section 16.01 PURPOSE
The function of this district is to provide the location and space for certain designated industrial
and wholesale commercial uses. These uses are to generate a minimum of noise, glare, odor,
dust, vibration, air and water pollutants and other harmful or obnoxious matter. Such a district
has been located within the Township to permit orderly industrial development, or insure high
quality industrial land use and protect the adjacent agricultural, residential and commercial uses.
Any uses which could function more effectively in other districts and would conflict with the
stated purposes of this district have been excluded.

Section 16.02 PERMITTED USES
A. Research oriented uses.
B. Research and testing facilities.
C. Fully enclosed wholesale warehouse facilities.
D. Light manufacturing industrial uses which by nature of the materials, equipment and process
utilized are to a considerable extent clean, quiet and free from any objectionable or
dangerous nuisance or hazard.
E. Printing, lithographic, blueprinting and similar uses.
F. Assembly and treatment of articles and merchandise.
G. Accessory uses, building, or structures subordinate to principal use permitted on the
premises.
H. Essential service or public utility buildings.

Section 16.03 CONDITIONAL USES
Such a use which complies with the spirit, intent and purpose of the “I-1” Industrial Park
District.

Section 16.04 REGULATIONS
A. Lot Area: No building or structure shall be established on any lot less than two (2) acres in
area.

68
Page 203 of 244

B. Lot Frontage: The minimum lot frontage on a public or private street for industrial lots shall
be one hundred fifty (150) feet.
C. Lot Coverage: The maximum lot coverage shall not exceed fifty (50) percent.
D. Height: Except as otherwise provided in this Ordinance, no building or structure should
exceed a height of thirty-five (35) feet.
E. Enclosed Buildings: All operations must occur within fully enclosed buildings except for
outdoor storage in the rear yard area of these buildings not to exceed twenty (20) percent of
the ground floor area of the principal building on the lot. Such outdoor storage must be
screened from an adjacent property of a higher use classification and from public streets by
means of a solid fence, wall, or by natural screening.
F. Principal Building Area: The principal building on the premises shall have a ground floor
area of not less than four thousand (4,000) square feet.
G. Yard Requirements: No building shall be located nearer than one hundred (100) feet from
the centerline of any public or private right-of-way and fifty (50) feet from any interior side
or rear line unless the interior side or rear line is adjacent to a residential classification in
which case such setback shall not be less than one hundred (100) feet.
H. Off-Street Parking: Provision for adequate off-street parking shall be made to accommodate
the planned usage of each lot.
I. Aesthetics: The lot area not being utilized for building sites, parking areas, or storage areas
shall be landscaped in a neat and attractive manner.
J. Pollution: No use shall be allowed in the “I-1” Industrial Park District which shall emanate
noise, smoke, odor, dust, dirt, noxious gases, glare, heat, vibration or psychological ill effects
sufficiently to be a nuisance or annoyance to owners or occupants of surrounding premises.
The following standards shall prevail:
1. Noise shall not exceed eighty (80) decibels as measured at the property line.
2. Smoke shall not exceed the density indicated on Ringelmann Chart Number 1 used by the
U.S. Bureau of Mines.
3. Fly ash shall not exceed fifteen-hundredths (.15) grains per cubic foot of flue gas at a
stack temperature of five hundred degrees (500°) Fahrenheit.
4. All Federal and State standards shall be enforced with regard to air quality in Penn
Township.

69
Page 204 of 244

Section 16.05 PROHIBITED USES
A. Heavy manufacturing.
B. Slaughterhouses.
C. Truck storage.
D. Junkyards or junk storage.
E. Asphalt and concrete plants.
F. Sand and gravel pits.
G. Any other uses not compatible with the purposes of the “I-1” Industrial Park District.

Section 16.06 REVIEW PROCEDURES
In addition to the requirement specified for the issuing of a building permit in Section 2.04, the
following information must also be obtained from an industrial applicant:
A. A description of the operations proposed in sufficient detail to indicate the effects of those
operations in producing traffic congestion, noise, glare, air pollution, water pollution, fire or
safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation.
B. Engineering plans regarding the prevention and control of such potential problems.
C. A description of the means proposed for the treatment and disposal of sewage and industrial
wastes.

70
Page 205 of 244

ARTICLE 17. “I-2” INDUSTRIAL PARK DISTRICT

Section 17.01 PURPOSE
The function of this district is to provide the location and space for certain designated industrial
uses. These uses are to generate a minimum of noise, glare, odor, dust, vibration, air and water
pollutants and other harmful or obnoxious matter. Such a district has been located within the
Township to permit orderly industrial development, insure a good quality of industrial land use
and protect the adjacent agricultural, residential and commercial uses. Any uses which could
function more effectively in other districts and would conflict with the stated purpose of this
district have been excluded.

Section 17.02 PERMITTED USES
A. Any use permitted in “I-1” Industrial Park District.
B. Manufacturing, assembling and fabrication activities including large scale or specialized
industrial operations which are to a considerable extent clean, quiet and free from any
objectionable or dangerous nuisance or hazard.

Section 17.03 CONDITIONAL USES
Such a use which complies with the spirit, intent and purpose of the “I-2” Industrial Park
District.

Section 17.04 REGULATIONS
Refer to Article 16, Section 16.04 (“I-1” Industrial Park District).

Section 17.05 PROHIBITED USES
A. Foundries.
B. Slaughterhouses.
C. Truck storage.
D. Junkyards or junk storage.
E. Asphalt and concrete plants.

71
Page 206 of 244

F. Sand and gravel pits.
G. Any other uses not compatible with the purposes of the “I-2” Industrial Park District.

Section 17.06 REVIEW PROCEDURES
Refer to Article 16, Section 16.06 (“I-1” Industrial Park District).

72
Page 207 of 244

ARTICLE 18. CONSTRUCTION OF LANGUAGE AND DEFINITIONS

Section 18.01 RULES APPLYING TO TEXT
The following rules of construction apply to the text of this Ordinance.
1. The word “shall” is always mandatory and not discretionary. The word “may” is permissive.
2. Words used in the present tense shall include the future, and words used in the singular
number shall include the plural, and the plural the singular, unless the context clearly
indicates the contrary.
3. The word “building” includes the word “structure”.
4. A building or structure includes and part thereof.
5. The word “person” includes a corporation as well as an individual.
6. The words “used” or “occupied” as applied to any land or building shall be construed to
include the words “intended, arranged, or designed to be used or occupied”.
7. Any word or term not defined herein shall be used with a meaning of common or standard
utilization.

Section 18.02 DEFINITIONS
For the purposes of this Ordinance, the following terms and words are defined as follows:
1. ACCESSORY BUILDING: A subordinate building, the use of which is clearly incidental to
that of the principle building or to the use of the land and which is attached securely to a
permanent masonry foundation or similar permanent footings.
2. ACCESSORY USE: A use subordinate to the principle use on a lot and used for purposes
clearly incidental to those of the main use.
3. AGRICULTURAL: Includes purposes related to agriculture, farming, dairying, pasturage,
horticulture, floriculture, viticulture and animal and poultry husbandry.
4. ALLEY: A public or legally established private thoroughfare, other than a street, which
affords a secondary means of access to abutting property and not more than twenty (20) feet
wide.

73
Page 208 of 244

5. ALTERATIONS: Any change, addition, or modification in construction, any change in the
structural members of a building, such as walls, or partitions, columns, beams, or girders, the
consummated act of which may be referred to herein as “altered” or “reconstructed”.
6. AREA, NET SITE: The total area without the property lines of a project excluding external
streets.
7. AUTOMOBILE OR TRAILER SALES AREA: Any space used for display, sale, or rental
of motor vehicles or trailers, in new or used and operable condition.
8. AUTOMOBILE REPAIR: General repair, engine rebuilding, rebuilding or reconditioning of
motor vehicles, collision service, such as body, frame, or fender straightening and repair,
overall painting and undercoating of automobiles when carried on in a completely enclosed
room or building.
9. BASEMENT: That portion of a building which is below the first story, the ceiling of which
is less than five (5) feet above the surrounding ground elevation at all points.
10. BUILDING: Any structure either temporary or permanent having a roof, and used or built
for the shelter or enclosure of persons, animals, chattels, or property of any kind. This shall
include attached tents and awnings.
11. BUILDING COVERAGE: That percentage of the plot or lot area covered by the building
area.
12. BUILDING HEIGHT: The vertical distance measured from the established sidewalk grade
to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs, and to
the average height between eaves and ridge for gable, hip and gambrel roofs. Where a
building is set back from the street line, the height of the building may be measured from the
average elevation of the finished grade along the front of the building by more than one (1)
inch for each front foot that the building sets back from the front lines.
13. BUILDING PERMIT: A permit for commencing construction issued in accordance with a
plan for construction that complies with all the provisions of this Zoning Ordinance.
14. CHURCH: A building wherein people regularly assemble for religious worship and which is
maintained and controlled by a religious body organized to sustain public worship, together
with all accessory buildings and uses customarily associated with such principal purpose.
15. CLUB OR LODGE, PRIVATE: A nonprofit association of persons who are bona fide
members paying annual dues, which owns, hires, or leases a building or portion thereof, the
use of such premises being restricted to members and their guests. The affairs and
management of such “private club or lodge” are conducted by a board of directors, executive
committee, or similar body chosen by the members at a meeting. It shall be permissible to
serve food and meals on such premises, providing adequate dining room space and kitchen
facilities are available. The sale of alcoholic beverages to members and their guests shall be

74
Page 209 of 244

allowed, provided it is secondary and incidental to the promotion of some other common
objective by the organizations, and further provided that such sale of the alcoholic beverages
is in compliance with the applicable Federal, State and Municipal laws.
16. CONDITIONAL USE: A use which is subject to conditional approval by the Township
Board. A conditional use may be granted when specified by this Ordinance and for those
uses not specifically mentioned. A permitted conditional use is not considered to be a
nonconforming use.
17. DISTRICT: A portion of the incorporated part of the Township within which certain
regulations and requirements or various combinations thereof apply under the provision of
this Ordinance.
18. DRIVE-IN: An establishment of the drive-in type is one which accommodates the patrons’
automobiles in the off-street parking area accessory to the business from which the occupants
may receive a service or obtain a product which may be used or consumed in the vehicle on
the same premises.
19. DWELLING, ONE-FAMILY: A building designed exclusively for one (1) dwelling unit.
20. DWELLING, TWO-FAMILY: A building designed exclusively for two (2) dwelling units.
21. DWELLING, MULTIPLE-FAMILY: A building designed for three (3) or more dwelling
units.
22. DWELLING UNIT: A building or portion thereof, designed for occupancy by one (1)
family for residential purposes and having cooking facilities.
23. ESSENTIAL SERVICES: The phrase “essential services” means the erection, construction,
alteration, or maintenance of public utilities or municipal department or commissions of
underground or overhead gas, electrical, steam, or water transmission or distribution systems,
collection, communication, supply or disposal systems, including towers, poles, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals,
hydrants, and other similar equipment, and accessories in connection therewith, but not
including buildings, reasonable necessary for the furnishing of adequate service by such
public utilities or municipal departments or commissions or for the public health or safety or
general welfare.
24. FAMILY: One person, or group of two (2) or more persons, living together who may or may
not be interrelated by bonds of consanguinity, marriage, or legal adoption, occupying the
whole or part of a dwelling as a separate housekeeping unit with a common and single set of
culinary facilities. The persons thus constituting a family may also include foster children,
gratuitor guests and domestic servants. This definition does not include the occupants of a
rooming or boarding house as a family unit.

75
Page 210 of 244

25. FARM: All of the contiguous neighboring or associated land operated as a single unit on
which bona fide agriculture is carried on directly by the owner-operator, manager or tenant
farmer, by his own labor or with the assistance of members of his household or hired
employees, provided, however, that land be considered a farm hereunder shall include a
continuous parcel of five (5) acres or more in area.
26. FLOOD PLAIN: That portion of land adjacent to a water body or watercourse which is
subject to periodic inundation.
27. FRONTAGE: All the property fronting one (1) side of the street between intersection or
intercepting streets, or between a street intersecting or intercepting streets, or between a street
and a right-of-way, waterway, end of dead-end street, or political subdivision boundary,
measured along the street line. An intercepting street shall determine only the boundary of
the frontage of the side of the street which it intercepts.
28. GARAGE, COMMERCIAL: Any garage other than a private garage available to the public,
operated for gain, and used for storage, repair, rental, greasing, washing, sales, servicing,
adjusting, or equipping of automobiles or other motor vehicles.
29. GARAGE, PRIVATE: An accessory building not over one (1) story or fifteen (15) feet in
height used for parking or storage of vehicles as may be required in connection with the
permitted use of the principal building.
30. GASOLINE SERVICE STATION: Any building or premises used for the dispensing, sale
or offering for sale at retail, of any motor fuels, oils or lubricants. When the dispensing, sale
or offering for sale is incidental to the conduct of public garage, the premises are classified as
a public garage.
31. GRADE: The ground elevation established for the purpose of regulating the number of
stories and the height of buildings. The building grade shall be the level of the ground
adjacent to the walls of the building if the finished grade is level. If the ground is not level,
the grade shall be determined by averaging the elevation of the ground for each face of the
building.
32. HIGHWAY: See “STREET, MAJOR”.
33. HOME OCCUPATION: An occupation that is traditionally or customarily carried on in the
home, provided:
a) That such occupation is incidental to the residential use in the extent that not more than
thirty (30) percent of usable floor area of the principal building, of fifty (50) percent of an
accessory building, shall be occupied by such occupation.
b) That no article or service be sold or offered for sale on the premises except as is produced
by such occupations.

76
Page 211 of 244

c) That such occupation shall not require internal or external alterations or construction
features or equipment or machinery not customarily located in residential areas.
d) That there be no more than one (1) employee other than members of the resident family.
34. HOSPITAL: An institution providing health services, primarily for inpatients and medical or
surgical care of the sick or injured, including as an integral part of the institution, such related
facilities, central service facilities and staff offices.
35. HOTEL, MOTEL: A building containing primarily rooming units with the number of
dwelling units being not greater than ten (10) percent of the total number of rooming units,
and with the exception of the unit occupied by the management staff, used only for the
accommodation of transients.
36. JUNKYARD: Any land or buildings where waste, used or second hand materials are bought
and sold, exchanged, stored, baled, parked, disassembled, or handled including, but not
limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard
includes automobile wrecking yards.
This does not include uses established entirely within enclosed buildings.
37. LIVING SPACE: That area within a structure intended, designed, erected or used for human
occupancy; that is the sum of the gross horizontal area of the floor in question of the building
used for such occupancy, measured from the exterior walls, from the center line of walls
separating two (2) buildings, from the center lines of interior walls, and excluding porches,
garages and breezeways not usable the year around.
38. LOADING SPACE: An off-street space on the same lot with a building, or group of
buildings, for the temporary parking of a commercial vehicle while loading and unloading
merchandise or materials.
39. LOT: A parcel of land occupied or intended for occupancy by a use permitted in this
Ordinance including one (1) principal building together with its accessory buildings, and
providing the open spaces, parking spaces and loading spaces required by this Ordinance.
Said parcel of land may consist of one (1) or more lots of record according to any recorded
plat, but for the purpose of this Ordinance shall be deemed one (1) parcel.
40. LOT, CORNER: A lot where the interior angle of two (2) adjacent sides at the intersection
of the two (2) streets is less than one hundred thirty-five degrees (135º). A lot abutting upon
a curved street, or streets, shall be considered a corner lot for the purposes of this Ordinance
if the arc is of less radius than one hundred fifty (150) feet and the tangents to the curve at the
two (2) points where the lot lines meet the curve or the straight street line extended from an
interior angle of less than one hundred thirty-five degrees (135º).
41. LOT, INTERIOR: Any lot other than a corner lot.

77
Page 212 of 244

42. LOT AREA: The total horizontal area within the lot lines of a lot.
43. LOT COVERAGE: That part or percent of the lot occupied by buildings or structures
including accessory buildings or structures.
44. LOT DEPTH: The horizontal distance between the front and rear lot lines, measured along
the median between side lot lines.
45. LOT LINES: The lines bounding lots as defined herein:
Front Lot Line: In the case of an interior lot, the line separating said lots from the street; in
the case of a corner lot or double frontage lot, the line separating said lot from that street
which is designated as the front street in the plat and the request for zoning compliance
permit. In the case of lots bordering on a lake, river, or canal, the established water or
shoreline may be designated as the front of such lots.
Rear Lot Line: The lot line opposite the front lot line. In the case of a lot irregularly shaped
at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less
than ten (10) feet long lying farthest from the front lot line and wholly within the lot.
Side Lot Line: Any lot lines other than the front lot lines or rear lot lines.
46. LOT WIDTH: The horizontal distance between the side lot lines, measured at the two (2)
points where the building line or setback intersects the side lot lines,
47. MANUFACTURED HOME: A dwelling unit fabricated in an off-site manufacturing facility
for installation or assembly at the building site, bearing a seal certifying that it is built in
compliance with the Federal Manufactured Housing Construction and Safety Standards
Code. For the purposes of this Ordinance, manufactured homes shall be further described as
follows:
a) Type I Manufactured Home: A type I manufactured home shall contain not less than
nine hundred fifty (950) square feet of occupied space in a double section or larger multisection unit; be placed onto a permanent under-floor foundation constructed in
accordance with local building codes; contain a permanent perimeter retaining wall of
solid masonry, concrete, all weather wood, or other approved materials extending from
the floor joists of the home to the excavated under-floor grade and below the frost line; be
anchored to the ground; have wheels, axles and hitch mechanisms removed; meet
appropriate utility connecting standards, and have siding and roofing materials,
(including a 12” overhang) of a type customarily used on site-constructed residences, as
approved by the Building Inspector.
b) Type II Mobile or Manufactured Home: A type II mobile or manufactured home shall be
placed onto an under-floor foundation; be enclosed with foundation siding which is
weather resistant, noncombustible, or self-extinguishing materials that blend with the

78
Page 213 of 244

exterior siding of the home; be anchored to the ground; and meet appropriate utility
connection standards.
48. MASTER PLAN: The statement of policy by the Township Planning Commission relative
to the agreed upon desirable physical pattern of future community development. Consists of
a series of maps, charts and written material representing in summary form the soundest
conception to the community as to how it should grow in order to bring about the very best
community living conditions.
49. MOBILE OR MANUFACTURED HOME PARK: A mobile or manufactured home
development designed with facilities for common use and in which home spaces are rented.
50. MOBILE OR MANUFACTURED HOME SUBDIVISION: A subdivision providing lots
for sale for the placement of mobile or manufactured homes for residential purposes.
51. NONCONFORMING BUILDING: A building or portion thereof, existing at the effective
date of this Ordinance, or amendments thereto, and which does not conform to the provisions
of the Ordinance nor to the use regulations of the district in which it is located.
52. NONCONFORMING USE: A use which lawfully occupied a building or land at the time
this Ordinance or amendments thereto became effective, and which does not conform to the
use regulations of the district in which it is located.
53. NURSING OR CONVALESCENT HOME: A structure with sleeping rooms where persons
are housed or lodged and furnished meals and nursing care for hire.
54. OFF-STREET PARKING LOT: A facility providing vehicular parking spaces along with
adequate drives and aisles for maneuvering so as to provide access for entrance and exit for
the parking of more than two (2) automobiles.
55. OPEN SPACE: Any space suitable for recreation, gardens, or household service activities
such as clothes drying. Such space must be at least seventy-five (75) percent open to the sky,
free of automotive traffic, parking, and undue hazard, and readily accessible by all those for
whom it is required.
56. PARKING SPACE: A land area of not less than ten (10) by twenty (20) feet, exclusive of
driveways and aisles, and so prepared as to be usable for the parking of a motor vehicle, and
so located as to be readily accessible to a public street or alley.
57. PLANNED UNIT DEVELOPMENT: This is a tract of land which includes two (2) or more
principal buildings, developed under single ownership or control; the development of which
is unique and of a substantially different character than that of surrounding area, and where
the specific requirements of a given district may be modified, and where the minimum area is
fixed. Such development shall be based on a plan which allows for flexibility of design not
available under normal zoning district requirements.

79
Page 214 of 244

58. PRINCIPAL USE: The main use to which the premises are devoted and the main purpose
for which the premises exist.
59. PUBLIC PARK: Any park, playground, beach, outdoor swimming pool, or parkway within
the jurisdiction and control of a governmental agency authorized by state statutes to own and
maintain parks.
60. PUBLIC SEWER SYSTEM: A public sewer system shall be defined as a central or
community sanitary sewage and collection system of pipes and structures including pipes,
conduits, manholes, pumping stations, sewage and waste water treatment works, diversion
and regulatory devices, and out-fall structures, collectively or singularly, actually used or
intended for use by the general public or a segment thereof, for the purpose of collecting,
conveying, transporting, treating or otherwise handling sanitary sewage or industrial liquid
wastes of such a nature as to be capable of adversely affecting the public health, operated and
maintained by the general public.
61. PUBLIC UTILITY: Any person, firm, corporation, municipal department, board, or
commission duly authorized to furnish and furnishing under state or municipal regulations to
the public, gas, steam, electricity, sewage disposal, communication, telegraph, transportation
or water.
62. RECREATION AREA, PRIVATE: All lands and structures which are owned and operated
by private individuals, a business, or corporation which are predominately intended to
accommodate recreational vehicles and provide for outdoor recreational activities.
63. RECREATIONAL VEHICLES: All those small mobile units principally designed for
recreation pastime such as motor homes, camper trailers, pick-up campers, pop-up campers,
pop-up tent trailers, and similar camping-type vehicles or trailers.
64. RETAIL AND RETAIL STORE: Any building or structure in which goods, wares, or
merchandise are sold to the ultimate consumer for direct consumption and not for resale.
65. RIGHT-OF-WAY: A street, alley, or other thoroughfare or easement permanently
established for passage of persons or vehicles.
66. ROADSIDE STAND: A permanent structure which is used seasonally for the sale of
produce. The use of a roadside stand shall not constitute a commercial district.
67. SANITARY LANDFILL: A method of disposing of refuse on land without creating
nuisances or hazards to public health or safety, by utilizing principles of engineering to
confine the refuse to the smallest practical area and to cover it with a layer of suitable cover
at the conclusion of each day’s operation or at more frequent intervals as necessary; and
maintained in accordance with applicable State laws regulating the management of solid
waste.

80
Page 215 of 244

68. SETBACK: The minimum horizontal distance between the street, rear, or side lines of the
lot and the front, rear, or side lines of the building. When two (2) or more lots under one (1)
ownership are used, the exterior property lines so grouped shall be used in determining
offsets.
69. SCHOOL: A building used for the purpose of elementary or secondary education which
meets all requirements of compulsory education laws of the State of Michigan, and not
providing residential accommodations.
70. SHOPPING CENTER: A group of commercial establishments planned, developed, owned,
and managed as a unit, with off-street parking provided on the property, and related in its
location, size and type of shops to the trade area which the unit serves.
71. SIGNS: Any words, numbers, figures, devices, designs, or trademarks by which anything is
made known, other than billboards, such as are used to show an individual, firm, or
professional business, and are visible from the exterior of the structure.
72. STORY: That part of a building included between the surface of one (1) floor and the
surface of the next floor, or if there is no floor above, then the ceiling next above.
73. STREET: A thoroughfare which affords the principal means of access to abutting property.
74. STREET, MAJOR: A public way, the principal use of which is to provide an arterial route
for through traffic and has as its secondary use the provision of access to abutting properties.
75. STREET, MINOR: A public way, the principal use of which is to give access to abutting
properties.
76. STRUCTURE: Anything constructed or erected, the use of which requires location on the
ground or attachment to something having location on the ground.
77. STRUCTURAL ALTERATION: The erection, strengthening, removal, or other change of
the supporting elements of a building, such as footings, bearing walls, beams, columns, and
the like.
78. TRAILER COACH: Same as “MANUFACTURED HOME”.
79. TRAILER COACH PARK: Same as ‘MOBILE OR MANUFACTURED HOME PARK”.
80. UNDERDEVELOPABLE LAND: Land which has soil types or a high water table condition
which present severe limitations on septic tank and tile fields.
81. USE: The purpose of which land or premises of a building thereon is designed, arranged, or
intended, or for which it is occupied or maintained, let or leased.

81
Page 216 of 244

82. VARIANCE: A modification of the literal provisions of this Ordinance which the Zoning
Board of Appeals is permitted to grant when strict enforcement of said provisions would
cause undue hardship owing to circumstances unique to the individual property on which the
variance is sought.
83. YARD: An open space on the same lot with the main building, unoccupied and unobstructed
from the ground upward except as otherwise provided in this Ordinance.
Front Yard: A yard extending the full width of the lot, the depth of which is the minimum
horizontal distance between the front lot line and the nearest line of the main building.
Rear Yard: A yard extending across the full width of the lot, the depth of which is the
minimum horizontal distance between the rear lot line and the nearest line of the main
building.
Side Yard: A yard between the main building and the side lot line, extending from the front
yard to the rear yard. The width of the required side yard shall be measured horizontally
from the nearest point of the side lot line to the nearest point of the main building.
84. ZONING DISTRICT: See “DISTRICT”.
11

Section 18.03 OPEN SPACE DEFINITIONS

1. Conservation Easement: That term as defined in Section 2140 of the Natural Resources and
Environmental Protection Act. 1994 PA 451, MCL 324.2140.
2. Cluster Zoning Development: A residential development in which the developer, at their
choice, clusters homes and provides a perpetual open space within the development.
3. Greenway: A contiguous or linear open space, including habitats, wildlife corridors, and
trails that link parks, nature reserves, cultural features or historic sites with each other, for
recreation and conservation purposes.
4. Undeveloped State: A natural state preserving natural resources, natural features, or scenic
or wooded conditions; agricultural use; open space; or a similar use or condition. Land in an
undeveloped state does not include a golf course or other exclusionary commercial
recreational uses, but may include a recreational trail, picnic area, children’s play area,
greenway, or linear park. Land in an undeveloped state may be, but is not required, to be
dedicated to the use of the public.
5. Open Space Preservation: A provision for “permanently preserved open space” in
developments as defined by PA 177, 2001, Section 125.286H of the Township Zoning Act.

11

Amendment 4 – See Appendix A

82
Page 217 of 244

12

ARTICLE 19. LAKE COMMERCIAL/RESIDENTIAL DISTRICT

Section 19.01 PURPOSES
The purpose of this district is to provide for those commercial uses which are compatible with
and enhance the residential uses and character of the area in proximity to Diamond and Donnell
Lakes. Commercial uses will be allowed only following the issuance of a conditional use permit
which may require mitigating actions to avoid any negative impact on the adjacent residential
areas.

Section 19.02 PERMITTED USES
Uses permitted in the “R-1” “Low Density Residential District”.

Section 19.03 CONDITIONAL USES
The following uses of land, buildings and structures are permitted subject to obtaining a
conditional use permit as provided in Article 8.
1. Marinas, including boat sales, rental, repair and storage provided that all repair be conducted
entirely within enclosed buildings and that all outdoor storage be screened with natural
materials from adjacent residential uses. Outdoor storage and screening shall be located so
as not to obstruct views as determined by the Planning Commission.
2. Restaurants, not including fast food and those providing dining within automobiles.
3. Yacht Clubs and other private clubs.
4. Gift shops, only in connection with an above use.

19.04 REGULATIONS
The following regulations shall apply in all Lake Commercial Districts:
A. Lot Area: No building or structure shall be established on any lot less than one-half (1/2)
acre in area, except where a lot is served with a public water supply system and a public
sanitary sewerage system, in which case there shall be provided a minimum lot area of ten
thousand (10,000) square feet.

12

Amendment 1 – See Appendix A

83
Page 218 of 244

B. Lot Width: The minimum lot width for lots served with a central water supply system and a
central sanitary sewerage system shall be eighty (80) feet. Where a lot is not so served, the
minimum lot width shall be one hundred twenty (120) feet.
C. Lot Coverage: The maximum lot coverage shall not exceed twenty-five (25) percent.
D. Yard and Setback Requirements:
1. Front Yard: Not less than thirty-five (35) feet.
2. Side Yards: Least width of either yards shall not be less than twenty (20) feet, except in
the case of a corner lot or parcel where the side yard on the road or street side shall not be
less than thirty-five (35) feet.
3. Rear Yard: Not less than thirty-five (35) feet.
4. The above yard requirements shall apply to every lot, building, or structure.
E. Height: No building or structure shall exceed a height of thirty-five (35) feet.
F. Transition Strips:
1. On every lot in this district which abuts a lot in a residential district there shall be
provided a transition strip. Such transition strip shall be not less than fifteen (15) feet in
width, shall be provided along every lot line, except at front lot lines, which abuts a lot in
a residential district, shall not be included as part of the yard required around a building
or structure, and shall be improved, when said lot in this district is improved, with an
opaque fence, wall or hedge of a material and height as required by the Planning
Commission.
2. A use or structure on any lot in this district fronting a public road, street, or way shall
provide in addition to and as an integral part of any site development, on the front yard, a
landscaped strip of land twenty (20) feet or more in depth; such landscaped strip to be
defined and designed to provide access to the lot and separate off-street parking areas
from the public right-of-way.
G. Off-Street Parking: As required in Article 9.
H. Signs: A sign in any Lake Commercial District is permitted only where it advertises a
business occupying the same lot upon which the sign is erected. The sign or signs may be
affixed flat against the wall of the building or may be freestanding not more than 48 inches
above the finished grade and located not less than one-third the minimum front yard depth
from the street right-of-way. The total area of all signs on any lot may not be more than one
square foot for each foot of building length of the principal building.

84
Page 219 of 244

APPENDIX A
APPROVED AMENDMENTS

AMENDMENT #1 – (Approved by Penn Township Board on 12/09/91.)
Added Article 19 - Lake Commercial/Residential District, Sections 19.01-19.04
AMENDMENT #071398 – (Approved by Penn Township Board on 7/13/98.)
Added to Article 8 - Conditional Uses, Section 8.13 Public Facilities
AMENDMENT #2 – (Approved by Penn Township Board on 9/13/99.)
Revised Article 12 - “R-1” Low Density Residential Districts, Section 12.04 Regulations
Revised Article 13 - “R-2” High Density Residential District, Section 13.04 Regulations
AMENDMENT #3 – (Approved by Penn Township Board on 11/12/01.)
Repealed Article 12 - Section 12.04A(3) Section 12.04B(3) and Section 13.04B(3)
AMENDMENT #4 - (Approved by Penn Township Board on 6/9/03.)
Added to Article 1 - Title, Purposes and Legal Clauses, Section 1.06 Filing A Petition of
Submission of Ordinance to Electors
Added to Article 6 - Supplemental Regulations, Section 6.25 Open Space Preservation
Added to Article 11 “A-R” Agricultural-Residential District, Section 11.03(I) Conditional Uses
Added to Article 18 - Construction of Language and Definitions, Section 18.03 Open Space
Definitions
AMENDMENT #5 – (Approved by Penn Township Board on December 12, 2003.)
Added to Article 8 - Conditional Uses, Section 8.12 Site Condominiums

i
Page 220 of 244

As recommended by the Planning Commission
on October 6, 2026
TOWNSHIP OF PENN
COUNTY OF CASS, MICHIGAN
At a ___________ meeting of the Township Board of the Township of Penn, held at the
Penn Township Hall, 60717 S. Main Street, Vandalia, Michigan, on the _____ day of
____________________, 2026, at ____ p.m.
PRESENT:

Members:

ABSENT:

Members:

The following resolution was offered by __________and supported by _____________.
ORDINANCE NO.____
AN ORDINANCE TO AMEND THE ZONING ORDINANCE
OF THE TOWNSHIP OF PENN
[Temporary moratorium on data centers]
THE TOWNSHIP OF PENN ORDAINS:
Section 1.

Temporary Moratorium on Data Centers. Article 6 of the Zoning

Ordinance of the Township of Penn is hereby amended by the addition of a new Section 6.26,
which shall read in its entirety as follows:
Section 6.26 TEMPORARY MORATORIUM ON DATA CENTERS
A.

Background and Definitions: New types of land uses, commonly known by
names such as “Data Center” and “Cryptocurrency Data Mining Facility,”
have begun to be proposed and developed with increasing frequency in the
State of Michigan and around the Country. These types of facilities are
sometimes referred to by other names, including, but not limited to, data
processing center or facility, information technology facility, computer
processing facility, technology services facility, digital infrastructure
facility, electronic data storage facility, and digital mining center. By way
of example only, and not by way of limitation, the following are certain
terms and definitions that are sometimes used to describe such facilities:
(1)

Data Center. The following example definitions have been applied
to this land use:
(a)

Secure buildings filled with computer servers that store,
process and transmit data in support of internet functions and

#3617343v4

Page 221 of 244

other digital services, and which are typically accompanied
by networking equipment, water-fueled cooling systems (to
prevent overheating), backup power systems and security
systems, and which typically have minimal on-site staffing,
limited customer visitation and no retail activity.
(b)

A facility used for the centralized storage, management,
processing, and transmission of digital information,
typically containing computer servers, data storage systems;
telecommunications equipment, power distribution systems,
cooling and ventilation systems, uninterruptible power
supplies, backup generators; and associated support
infrastructure. The term includes colocation centers, cloudcomputing facilities, hyperscale computing facilities, and
similar high-intensity information technology operations.
The term does not include small server rooms; IT closets, or
similar equipment rooms that are clearly accessory and
subordinate to another lawful principal use.

(c)

A facility consisting of one or more buildings used primarily
for the storage, management, processing, computation, and
transmission of digital data, and which houses computer or
network equipment, systems, servers, appliances, and other
associated components related to digital data operations. The
term includes, without limitation, facilities commonly
described as server farms, colocation facilities, hyperscale
data centers, cloud-computing facilities, edge data centers,
enterprise data centers, and artificial-intelligence or highperformance computing facilities, regardless of the
particular technology, end user, or business model
employed, and regardless of whether the digital data or
computation is processed for the operator’s own use or for
third parties.

(2)

Data Processing Center: A building or portion of a building used
primarily for the manipulation, analysis, computation, or
transformation of digital information through computer hardware or
specialized equipment. A Data Processing Center may include
servers or digital processing equipment but is typically of smaller
scale or lower intensity than a Data Center and may involve office
or administrative functions associated with data manipulation. The
term does not include general business offices or accessory server
rooms subordinate to a principal use.

(3)

Cryptocurrency Data Mining Facility. A facility consisting of one
or more buildings used primarily for the purpose of adding,
securing, or verifying transactions to a blockchain or mining one or
more blockchain-based cryptocurrencies. This activity typically
2

#3617343v4

Page 222 of 244

involves the solving of algorithms as part of the development and
maintenance of a blockchain which is a type of distributed ledger
maintained on a peer-to-peer network. Typical physical
characteristics of cryptocurrency mining include specialized
computer hardware, high density load electricity use, and a high
energy use intensity.
The term “Data Center,” as hereafter used in this Section 6.26, shall include
all of the above-defined uses and all variations of above-defined uses; and
that term shall be interpreted in the broadest sense possible to incorporate
all structures, buildings, facilities and land uses that share characteristics or
functions that are the same or similar to the above-defined uses. It shall also
include certain facilities that are used to directly support a Data Center,
including, but not limited to, “Data Center Substations,” which are highvoltage electric system facilities used to switch generators, equipment, and
circuits or lines in and out of a system; change AC voltages from one level
to another; or change alternating current to direct current or direct current
to alternating current. The term “Data Center,” does not include, however,
facilities that are subject to the exclusive jurisdiction of the Michigan Public
Service Commission and/or the Federal Energy Regulatory Commission.
B.

Intent and Purposes: Data Centers were not envisioned by the Township
when the Township Zoning Ordinance was originally adopted, nor when the
Zoning Ordinance was last amended, such that the use of land, buildings
and structures for this purpose is currently not permitted or regulated in any
way under the terms of the Zoning Ordinance. Accordingly, the Township
desires to ascertain the most appropriate and safest means for regulating the
use of lands, buildings or structures for Data Centers, in order to protect the
health, safety and welfare of Township residents. To that end, the Township
intends to promptly undertake a study and evaluation for the purpose of
identifying zoning regulations that would specify the bases upon which the
use of land, buildings or structures for Data Centers could potentially be
approved in the Township, and for the purpose of specifying the terms and
conditions that the Township may impose on such approval, if and when
granted.

C.

Findings: The Township Board finds that it is in the public interest to enact
a temporary moratorium, lasting until October 12, 2027, unless later
shortened by the Township Board upon prior Planning Commission
recommendation, with respect to the Township’s review and decisionmaking on zoning applications and other approvals for Data Centers, as
specified below, so as to preserve the status quo in the interim; to prevent
the development of Data Centers that may not be in the best interest of
Township development plans; to prevent the development of Data Centers
that might be detrimental to the health, safety and/or welfare of Township
residents; and, to allow the Township sufficient time to evaluate, develop
and potentially enact amendments to the Zoning Ordinance that will
establish new regulations for Data Centers.
3

#3617343v4

Page 223 of 244

D.

E.

Temporary Moratorium:
A temporary moratorium on Township
consideration and decision-making on applications for Data Centers is
hereby adopted under the following terms, conditions, and limitations:
(1)

During the temporary moratorium, no Township officer, employee,
agent, contractor, board, agency or commission shall process,
review or make a decision on any zoning or building application for
the use of any land, building or structure for a Data Center, or issue
a permit, license or other form of approval which would allow any
land, building or structure to be used for a Data Center.

(2)

The temporary moratorium is effective as to all applications for Data
Centers that have been received at the Township on or after May 21,
2026.

(3)

The temporary moratorium shall remain in effect until October 12,
2027, unless previously terminated by the Township Board. Such
prior termination may occur only by way of Zoning Ordinance
amendment in accordance with the procedures of the Michigan
Zoning Enabling Act, MCL 125.3101, et seq., including, but not
limited to, a prior Planning Commission public hearing and
recommendation to the Board.

(4)

The moratorium applies only to the types of applications stated in
this Section 6.26.

(5)

To the extent that the provisions of this Section 6.26 conflict with
the site plan review provisions of Section 6.18 or the conditional use
permit provisions of Article 8, the provisions of this Section 6.26
shall control.

Automatic Repeal: This Section 6.26 shall be considered to have been
automatically repealed, and shall be of no further force and effect, as of
October 12, 2027.

Section 2.

Publication and Effective Date. This Ordinance shall become effective

seven days after its publication or seven days after the publication of a summary of its provisions
in a local newspaper of general circulation.
AYES:

Members:

____________________________________________

NAYS:

Members:

____________________________________________

4
#3617343v4

Page 224 of 244

ORDINANCE DECLARED ADOPTED.
_________________________________________
Rhonda Barnett, Township Clerk
Township of Penn
STATE OF MICHIGAN
COUNTY OF CASS

)
)

I, the undersigned, the duly qualified and acting Clerk of Penn Township, Cass County,
Michigan (the “Township”), do hereby certify that the foregoing is a true and complete copy of
An ordinance adopted by the Township Board at a ___________ meeting on the ____ day of
__________, 2026, the original of which is on file in my office. Public notice of said meeting was
given pursuant to and in compliance with Act No. 267, Public Acts of Michigan, 1976, as amended,
including in the case of a special or rescheduled meeting, notice by posting at least eighteen (18)
hours prior to the time set for the meeting.
IN WITNESS WHEREOF, I have hereto affixed my signature on this ____ day of
__________, 2026.
__________________________________________
Rhonda Barnett, Township Clerk
Township of Penn

5
#3617343v4

Page 225 of 244

Cass County Planning Commission

Township Zoning Worksheet
This worksheet is intended to assist the Cass County Planning Commission in their review of township zoning ordinances and zoning
amendments under MCL 125.307 and Cass County Planning Commission Bylaws, Section 13. Township Zoning Review. This worksheet also
draws heavily from MSU Extension resources County Planning: Its Legal Authority and Coordinated Planning and How to take Minutes For
Administrative Decisions.

Municipality:

Request:

Questions to Consider:
1. Are legal adoption procedures followed (ask for an attorney’s opinion)?
(Note: this step should be skipped when reviewing city and village zoning.)

Yes

No

Yes

No

Yes

No

Yes

No

Discussion/Notes:

2. Is it consistent with the adopted township land use plan?
(State statute requires a zoning ordinance to be based on a plan. MCL 125.3203)
Discussion/Notes:

3. Is it consistent with the adopted county general plan and/or land use plan?
(If the proposed zoning complies with the township land use plan, and the county found no conflict with and
approved the township land use plan, then the zoning should not be a problem with the county land use plan.)
Discussion/Notes:

4.Is the proposed zoning compatible with the zoning and land use of adjacent municipalities, with no boundary
conflicts identified (both in and out of Cass County)? (If both the proposed zoning and adjacent zoning comply with
the county land use plan, then there should not be any boundary conflicts.) (Bylaws Section 13.D)
Discussion/Notes:

120 N. BROADWAY, CASSOPOLIS, MI 49031 • CASSCOUNTYMI.ORG

Page 226 of 244

Cass County Planning Commission

Township Zoning Worksheet
ACTION
“Action shall be in the form of a motion which contains (or is included in the minutes) a finding of fact, conclusions as to a list
of reasons for the action, and the Commission’s advisory action” (Bylaws Section 13.B)
“A finding of fact, listing what the Commission determines to be relevant facts in the case.” (Bylaws Section 5.E.2.a)
“Conclusions to list reasons based on the facts for the Commission’s action, often directly related, or not, to a finding of
compliance, or noncompliance, to standards.” (Bylaws Section 5.E.2.b)
Sample Motion
I move to accept the findings of facts as represented in the Recording Secretary’s copy of the minutes. The following are the
Cass County Planning Commission conclusions:
• The proposed __________________________ Township zoning ordinance (
did
did not) follow legal adoption
•
•
•

procedures.
The proposed __________________________ Township zoning ordinance (
adopted land use plan.
The proposed __________________________ Township zoning ordinance (
County’s adopted land use plan.
The proposed __________________________ Township zoning ordinance (
use of adjacent municipalities.

is

is not) consistent with the township’s

is

is not) consistent with the Cass

is

is not) compatible with zoning and land

Based on the finding of facts and conclusions, the Cass County Planning Commission… [choose one]
has reviewed and accepts the proposed zoning amendment.
has reviewed and accepts the proposed zoning amendments, with a note to the township to ____________________________
_________________________________________________________________________________________________________________________________
has reviewed and cannot recommend approval of the proposed zoning amendment due to______________________________
_________________________________________________________________________________________________________________________________
…and will send a letter to the township to that effect.
Moved by __________________________________________, seconded by ____________________________________________.

120 N. BROADWAY, CASSOPOLIS, MI 49031 • CASSCOUNTYMI.ORG

Page 227 of 244

Page 228 of 244

Page 229 of 244

Page 230 of 244

Page 231 of 244

Page 232 of 244

Page 233 of 244

Page 234 of 244

Page 235 of 244

Page 236 of 244

Page 237 of 244

Page 238 of 244

Page 239 of 244

Page 240 of 244

Page 241 of 244

Page 242 of 244

Page 243 of 244

Page 244 of 244