The intent of this article is to provide for specific regulations which apply to special land uses. The regulations set forth in this article are in addition to the standards and procedures set forth in the various zoning districts.

(Ord. No. 691, § 1(32-32), 5-4-2005)

(a)

Application. Applications for special use permits authorized in this article shall be submitted to the zoning official on a form provided by the city. In addition to a complete application form, the applicant is required to submit a site plan prepared in accordance with section 60-307, site plan review.

(b)

Procedures.

(1)

The zoning official shall review the proposed application and site plan to determine if all required information has been supplied, and forward the completed application, site plan, and supporting data to the city planning commission.

(2)

Upon receipt of the application for a special use permit, the planning commission shall hold a public hearing in accordance with the notification requirements described hereafter.

(3)

A notice of the public hearing shall be published in at least one newspaper of general circulation and sent by mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

(4)

The notice shall be given not less than five days or more than 15 days before the date the application will be considered. The notice shall describe the property in question and the nature of the special use permit request; state the time, date, and location of the public hearing; and, indicate when and where written comments will be received concerning the request.

(5)

Upon conclusion of the public hearing procedures, the planning commission may issue a special use permit. Upon approval of a special use, the planning commission may consider the site plan. A copy of the planning commission's decision, with any conditions or reasons for rejection, shall be sent promptly to the zoning official and to the applicant.

(c)

Basis of determinations. The planning commission shall review the proposed special use in terms of the standards stated within this chapter and shall establish that such use and the proposed location:

(1)

Will be harmonious and in accordance with the general objectives or any specific objectives of the city master plan.

(2)

Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.

(3)

Will not be hazardous or disturbing to existing or future nearby uses.

(4)

Will be compatible with adjacent uses of land and will promote the use of land in a socially and economically desirable manner.

(5)

Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility.

(6)

Will not create excessive additional public costs and will not significantly decrease property values of surrounding properties.

(7)

Will meet all the requirements and standards of this chapter and any other applicable laws, standards, ordinances, and/or regulations.

(d)

Conditions and safeguards. The planning commission may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the purposes of this chapter and the general spirit and purpose of the district in which the special use is proposed will be observed. Such conditions shall conform to the standards found in section 504 of Public Act No. 110 of 2006 (MCL 125.3504), as amended or superseded from time to time. The planning commission may summarize the conditions of approval on a form issued by the zoning official which shall be signed by the chairperson of the planning commission and the applicant.

(e)

Voiding and extensions of permit. Unless otherwise specified by the planning commission, any special use permit granted under this section shall be null and void unless the property owner shall have made application for a building permit within one year from the date of the granting of the permit. The zoning official shall give notice by certified mail to the holder of a permit that is liable for voiding action before voidance is actually declared. Said notice shall be mailed to the permit holder at the address indicated in said permit. Within 30 days of receipt of notice of voiding of the permit, the applicant shall have the right to request an extension of the permit from the planning commission. The planning commission may grant an extension thereof for good cause for a period not to exceed six months.

(f)

Revocation of permit. The zoning official may suspend or revoke a permit issued under the provisions of this article whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his agent and is in violation of any of the provisions of this article or of any other ordinances or regulations of the city.

(g)

Reapplication. No application for a special use permit which has been denied wholly or in part shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the planning commission.

(Ord. No. 691, § 1(32-33), 5-4-2005)

(a)

Intent. In the development and implementation of this section, it is recognized that there are certain uses which, by their very nature, are recognized as having serious objectionable operational characteristics (particularly when several of them are concentrated in a small area), thereby having a deleterious effect on surrounding neighborhoods. Regulation of the location of these uses is necessary to ensure that the adverse effects of such businesses will not cause or contribute to the blighting or downgrading of the city's residential neighborhoods or commercial centers. The proximity of adult uses to certain uses considered particularly susceptible to the negative impacts or the concentration of adult uses tends to erode the quality of life, adversely affect property values, disrupt business investment, encourage residents and businesses to move or avoid the community, increase crime and contribute a blighting affect on the surrounding area. It is the intent of this section to provide reasonable regulations for the establishment of adult regulated uses in a viable, accessible location where the adverse impact of their operations may be minimized.

(b)

Conditions and regulations. The permitted or special approval uses permitted in any given zoning district, and listed in subsection (c) of this section, shall be subject, unless otherwise required by the planning commission, to all of the conditions and regulations in this section regarding site development.

(c)

Definitions for adult regulated uses. The following uses are regulated by this subsection:

Adult bookstore or supply store. An establishment having as a principle activity the sale of books, magazines, newspapers, video tapes, video discs and motion picture films which are characterized by their emphasis on portrayals of human genitals and pubic regions or acts of human masturbation, sexual intercourse or sodomy.

Adult entertainment business. One or a combination of more than one of the following types of businesses: adult bookstore, adult motion picture theater, adult mini-motion theater, adult personal service business, adult novelty business, or adult nightclub.

Adult mini-motion picture theater. An enclosed building having as a principal activity the presentation of material characterized by emphasis of portrayals of human genitals and pubic regions or acts of human masturbation, sexual intercourse or sodomy for observation by patrons therein in individual viewing booths.

Adult motion picture theater. An enclosed building with a capacity of 50 or more persons having as a principal activity the display of motion pictures characterized by their emphasis on portrayals of human genitals and pubic regions or acts of human masturbation, sexual intercourse, or sodomy for observation by patrons therein.

Adult night club. A business with the principal activity of providing entertainment by nude or partially nude performers.

Adult novelty business. A business which has as a principal activity the sale of devices of simulated human genitals or devices designed for sexual stimulation.

Adult personal service business. A business which has as a principle activity a person, while nude or partially nude, providing personal services for a person on an individual basis in a closed room. It includes, but it is not limited to, the following activities and services: massage parlors, exotic rubs, modeling studios, body painting studios, wrestling studios, individual theatrical performances. It does not include activities performed by persons pursuant to, and in accordance with, licenses issued to such persons by the state.

Principle activity. A use accounting for more than 20 percent of a business' stock in trade, display space, floor space, live entertainment time or movie display time per year.

(d)

Required spacing. The establishment of the types of adult regulated uses listed in subsection (c) of this section shall meet all of the following space requirements, with the distance between uses measured horizontally between the nearest points of each property line:

(1)

At least 1,000 feet from any other adult regulated use;

(2)

At least 1,000 feet from all churches, convents, temples and similar religious institutions;

(3)

At least 1,000 feet from all public, private or parochial nurseries, primary or secondary schools, playgrounds, licensed child care facilities, and hospitals;

(4)

At least 600 feet from any one-family or multiple-family residential district or use;

(5)

At least 1,000 feet from any pool or billiard hall, coin-operated amusement center, or indoor and outdoor recreation such as miniature golf, dance club catering primarily to teenagers, movie theaters, ice or roller skating rinks, and similar uses frequented by children and teenagers.

(e)

Special site design standards.

(1)

Maximum size of the building shall be 3,000 square feet.

(2)

The building and site shall be designed, constructed and maintained so material such as a display, decoration, or sign depicting, describing, or relating to activities or merchandise within the structure cannot be observed by pedestrians, motorists on a public right-of-way or from an adjacent land use.

(3)

Adult regulated uses shall be located within a freestanding building. A shared or common wall structure or shopping center is not considered to be a freestanding building.

(4)

The color of the building materials shall be subject to approval by the planning commission.

(5)

A 4½-foot-high brick or masonry wall shall be constructed to screen the parking lot from the adjacent public rights-of-way. The planning commission may permit use of landscaping in place of a wall.

(6)

No person shall reside in or permit any person to reside in the premises of an adult regulated use.

(7)

No person operating an adult regulated use shall permit any person under the age of 18 to be on the premises of said use either as an employee or customer.

(8)

Adult regulated uses shall comply with all applicable federal, state, and local licensing regulations. Initial and annual proof of such compliance shall be a condition of special use approval and the continuance thereof and shall be in accordance with section 60-74.

(Ord. No. 691, § 1(32-34), 5-4-2005)

Drive-in or drive-through restaurants are subject to the following conditions:

(1)

The main and any accessory building shall be setback 50 feet from any adjacent public right-of-way line or property line.

(2)

Such restaurants constructed adjacent to other commercial developments shall have a direct vehicular access connection where possible.

(3)

A six-foot high obscuring wall, fence or landscaping shall be provided along any property line adjacent to a residential zoning district.

(Ord. No. 691, § 1(32-35), 5-4-2005)

Bed and breakfast facilities are allowed in residential zoning districts provided all the following conditions are met:

(1)

Any such use shall be reviewed by the planning commission as a transferrable special approval use. The planning commission must find that all the following conditions are met before approving the use.

(2)

Each premises must be occupied and operated by its owners.

(3)

No more than 50 percent of the total floor area of the dwelling unit shall be used for bed and breakfast sleeping rooms.

(4)

There shall be no separate cooking facilities used for bed and breakfast stay.

(5)

Bed and breakfast sleeping rooms shall be a minimum of 120 square feet for the first two occupants and an additional 30 square feet for each additional occupant.

(6)

Bed and breakfast facilities located in R-1 and R-1A districts shall contain no more than ten sleeping rooms, including the sleeping rooms occupied by the innkeeper or owner. The stay of bed and breakfast occupants shall be no more than 14 consecutive days and not more than 30 days in any one calendar year.

(7)

The operator of each facility shall keep a list of the names of all persons staying at the bed and breakfast which list shall be available for inspection by city officials at any time.

(8)

Bath and toilet facilities must comply with the applicable state codes.

(9)

Every bed and breakfast unit shall contain smoke detectors and fire extinguishers in the quantity and location required by the applicable state codes and MCL 125.1504b.

(10)

The bed and breakfast use shall be licensed in accordance with the rental ordinances of the city, which license shall be renewed annually.

(11)

No sign larger than two square feet shall be permitted, in accordance with article IX of the city zoning ordinance.

(12)

One parking space shall be provided off street in the interior side yard or rear yard area for each bed and breakfast bedroom. Off street parking shall meet a design and layout requirements of article VIII of the city zoning ordinance.

(Ord. No. 691, § 1(32-36), 5-4-2005; Ord. No. 826, § 1, 5-24-2022)

State Law reference— Treatment of bed and breakfasts, MCL 125.1504b.

Automobile service stations, auto repairs, paint and body shops and auto convenience marts, shall be subject to the subsections below:

(1)

The curb cuts for ingress and egress to a service station shall not be permitted at such locations that tend to create traffic hazards on the streets immediately adjacent thereto.

(2)

Entrances shall be no less than 25 feet from a street intersection (measured from the road right-of-way) or from adjacent residential property line.

(3)

The minimum lot area shall be 15,000 square feet, and as nearly rectangular as possible, and so arranged that ample space is available for motor vehicles which are required to wait for services.

(4)

Automobile service stations shall not be located within 500 feet of any school.

(5)

Automobile service stations shall not be situated at any intersection where the approach gradient of either street exceeds two percent.

(6)

All lighting shall be shielded from adjacent residential districts and street right-of-ways.

(7)

Pump islands shall be a minimum of 25 feet from any public right-of-way or lot line. Overhead canopies shall be set back at least 15 feet from the public right-of-way.

(8)

Outside storage shall be limited to small quantities of oil and other supplies needed for servicing at the pumps. Retail sale items such as soda pop, windshield solvent, landscape mulch or other merchandise shall not be displayed or sold outside. Vehicles which are awaiting service shall remain on site for not more than 72 hours. No outside storage of tires and other parts and accessories and partly dissembled or junked vehicles shall be allowed. All repair work shall be conducted completely within an enclosed building.

(9)

Tow trucks or other commercial vehicles that are on the premises for reasons other than typical customer activity shall be parked in nonrequired parking spaces and should not be parked in such a manner to be used as an advertisement.

(10)

The exterior of the main building shall be harmonious with its surroundings and shall include some brick, stone, wood, or other masonry finished building materials other than glass and metal. The canopies shall be designed within a minimum height of 12 feet and a maximum height of 15 feet and the building design, including finished construction shall be related to or directly match the finish building materials and architectural style of the main building.

(11)

The outdoor use of any electronic or enhanced sound or public announcement system shall be limited to the hours of 8:00 a.m. and 6:00 p.m. Such a system shall not be directed toward adjacent residentially zoned or used property, and shall generally not present an unreasonable disturbance to the neighborhood in which it is located.

(12)

Landscaping shall be at least 15 percent of the site, and should be designed in such a manner as to provide proper screening of on-site vehicles and paved surfaces and provide beautification on the site. The landscaping should include acceptable live plant, shrub, and tree specimens that will mitigate the view of headlight glare and as permitted in section 60-278, landscape design standards.

(13)

The installation and use of an oil-water separator with monitoring capabilities in the facility's stormwater management system shall be required, as well as the use of best management practices for pollution prevention for automobile filling/service operations, in order to protect surface water and groundwater quality.

(Ord. No. 691, § 1(32-37), 5-4-2005)

(a)

The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the district.

(b)

All loading activities and parking areas shall be provided on the same premises off-street.

(c)

The storage of any soil, fertilizer, or similar loosely package materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.

(Ord. No. 691, § 1(32-38), 5-4-2005)

Outdoor sales space is subject to the following:

(1)

All lighting shall be shielded from adjacent residential districts.

(2)

Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.

(3)

A four-foot, obscuring wall or fence must be provided where abutting adjacent districts are zoned for residential use and shall be subject to clear vision requirements of section 60-164.

(4)

No major repair or major refinishing shall be done on the lot.

(5)

Minor repair or refinishing shall be done within a completely enclosed building.

(6)

No loudspeakers for outdoor broadcasting shall be permitted.

(Ord. No. 691, § 1(32-39), 5-4-2005)

Commercially used outdoor recreational space for children's amusement parks, miniature golf courses, subject to the following:

(1)

Children's amusement park must be fenced on all sides with a four-foot wall or fence.

(2)

Adequate parking shall be provided off the road right-of-way and shall be fenced with a four-foot wall or fence where adjacent to residential uses.

(Ord. No. 691, § 1(32-40), 5-4-2005)

Funeral homes provided that the plan shall provide for adequate off-street assembly area for vehicles to be used in funeral processions. A caretaker's residence may be provided within the building of a mortuary establishment.

(Ord. No. 691, § 1(32-41), 5-4-2005)

(a)

All buildings shall have a front yard setback of not less than 40 feet.

(b)

All washing facilities shall be within a completely enclosed building.

(c)

Vacuuming and drying areas may be located outside the building but shall not be in the required front yard and shall not be closer than 100 feet from any residential district. Noise from vacuuming or blowdrying equipment shall be controlled by appropriate enclosures or sound barrier walls. All noise from such equipment shall comply with the chapter 22, article II.

(d)

All cars required to wait for access to the facilities shall be provided space off the street right-of-way pursuant to section 60-213, and parking shall be provided in accordance with section 60-210.

(e)

Ingress and egress points shall be located at least 60 feet from the intersection of any two streets.

(f)

All off-street parking and waiting areas shall be paved with concrete and dust free.

(g)

All lighting shall be shielded and directed away from adjacent residential districts.

(h)

A four-foot high completely obscuring wall shall be provided where abutting to a residential district.

(Ord. No. 691, § 1(32-42), 5-4-2005)

(a)

Locations for any such establishment shall be confined to major thoroughfares as defined in the future land use plan and shall have the entrance to both the business and parking area for such establishment on the business street. Access from a street other than a major thoroughfare shall be prohibited.

(b)

Locations for any such facility shall be no closer than 500 feet to the property line of any elementary, intermediate or high school.

(c)

No such business shall be located within 500 feet of the property line of a similar business.

(d)

Off-street parking areas shall be developed in accord with all of the provisions of section 60-210.

(Ord. No. 691, § 1(32-43), 5-4-2005)

(a)

Open storage facilities for materials or equipment shall be screened.

(b)

That portion of the land used for open storage facilities for materials or equipment shall be totally obscured by a masonry wall, berm or greenbelt on those sides abutting residential, office or business districts, and on any yard abutting a public thoroughfare. The extent of such a wall, berm, or greenbelt shall be determined by the planning commission on the basis of usage. Such a wall, berm or greenbelt shall not be less than six feet in height and may, depending upon land usage, be subject further to the requirements of section 60-278(d).

(c)

Shrub planting shall be installed abutting the wall on those sides exposed to public view from a public street within six months from the date of issuance of a certificate of occupancy. All planting plans shall meet the requirements of section 60-278(k) and shall be subject to the approval of the planning commission. Planting areas shall be subject to yearly inspection for maintenance and for compliance with the intent of this section.

(Ord. No. 691, § 1(32-44), 5-4-2005)

(a)

Child care center. Child care centers may be permitted in all zoning districts, subject to the following minimum standards:

(1)

Operator must be licensed by the Michigan Department of Human Services.

(2)

A compliance permit must be obtained from the building department before operation commences and compliance must be continuous, and the compliance permit must be renewed annually.

(3)

Site plan approval by the planning commission must be obtained.

(4)

Outdoor play areas shall be fenced, and such play areas shall be made and kept safe by the caregivers.

(5)

Maintenance of the property consistent with the visible characteristics of the neighborhood.

(6)

A child care center shall comply with all fire and traffic safety standards set by the state department of social services and the city as determined by the city chief of police and fire chief.

(7)

Caregivers shall maintain control of noise to protect the surrounding neighborhood.

(8)

All day care centers shall be currently registered with the 911 dispatch center on forms provided by said center.

(9)

License holder and all employees shall be subject to a background check and approval by the city chief of police.

(10)

Adequate ingress, egress, and circulation shall be provided. Vehicles must be able to easily circulate within and through the site to a designated pick-up/drop-off area without impeding circulation on the site or traffic on nearby roads. Adequate stacking space for the pick-up/drop-off area shall be provided.

(11)

Child care centers located within the industrial zoning districts (LI, GI) shall maintain the following setbacks:

a.

Outdoor play areas shall be located at least 100 feet from outdoor industrial storage on adjoining properties.

b.

Child care center buildings shall be located at least 100 feet from adjoining parcels containing heavy stamping, truck terminals, or other industrial operations which could be injurious to children.

(b)

Group day care home. Group day care homes are subject to the following minimum standards:

(1)

A group day care home shall not be located closer than 500 feet to any of the following:

a.

Another licensed group day care home.

b.

An adult foster care small group home or large group home licensed under the Adult Foster Care Facility Licensing Act, Public Act No. 218 of 1979 (MCL 400.701—400.737).

(2)

Outdoor play areas shall be in rear yards only and such rear yards shall be made and kept safe by the caregivers.

(3)

Maintenance of the property shall be consistent with the visible characteristics of the neighborhood.

(4)

Signage shall be allowed subject to article IX of this chapter.

(5)

A group day care home shall comply with all fire and traffic safety standards set by the state department of social services and the city as determined by the city chief of police and fire chief. Parking shall be in accordance with article VIII in addition to residential parking requirement of two spaces.

(6)

Caregivers shall maintain control of noise to protect the surrounding neighborhood.

(7)

All group day care homes shall be currently registered with the 911 dispatch center on forms provided by said center.

(8)

License holder shall be the owner of the premises and shall reside thereon.

(9)

License holder and employees shall be subject to a background check and approval by the city chief of police.

(Ord. No. 691, § 1(32-45), 5-4-2005; Ord. No. 740, §§ 1, 2, 5-10-2011)

State Law reference— Licensing of child care organizations, MCL 722.111 et seq.

(a)

Intent. It is the intent of this section to establish standards for adult foster care facilities which will insure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

A state licensed adult foster care family home serving six persons or less shall be considered a residential use of property and a permitted use in all residential districts.

(2)

The city may, by issuance of a special land use permit, authorize the establishment of adult foster care group homes serving more than six persons in the R-2 and R-3 zoning districts. Such facilities shall be prohibited in all other districts.

(3)

The city may, by issuance of a special use permit, authorize the establishment of an adult foster care congregate facility in the R-3 zoning district. Such facilities shall be prohibited in all other districts.

(c)

Standards for adult foster care group homes. Such homes shall be considered as a special land use subject to the requirements and standards of section 60-74 and the following additional standards:

(1)

A site plan, prepared in accordance with section 60-307, shall be required to be submitted.

(2)

The subject parcel shall meet the minimum width and set back area, requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or caregivers.

(3)

The property shall be maintained in a manner that is consistent with the character of the neighborhood.

(4)

One off-street parking space per employee and/or caregiver shall be provided.

(5)

In its sole discretion, the city may determine that landscape screening in accordance with section 60-278 is required.

(6)

Appropriate licenses with the state shall be maintained.

(7)

Be so constructed, arranged, and maintained as to provide adequately for the health and safety and welfare of all occupants.

(8)

The atmosphere and routine shall be that a resident may spend the majority of his nonsleeping hours outside his bedroom.

(9)

A toilet, lavatory and bathing or showering facility shall be provided for each six persons. At least one toilet and lavatory shall be provided on each floor having resident bedrooms.

(10)

Provide distinct living and sleeping areas. All areas shall be well lighted, heated and ventilated.

(11)

Provide a living or day room area which affords privacy for use by a resident and his visitors.

(12)

The living and sleeping areas for each resident shall not be in noncontiguous wings, units or buildings.

(13)

A living room, dining room or other room not designed nor ordinarily used for sleeping shall not be used for sleeping purposes.

(14)

A room shall not be used as a bedroom where more than half of the room height is below grade except where the ceiling of such portion of a building is located five feet or more above grade for more than 25 percent of the perimeter measurement of the room.

(15)

Bedrooms shall have at least one window with a minimum sash area of eight square feet.

(16)

A single-occupancy bedroom shall have at least 80 square feet of usable floor area.

(17)

A multiple-occupancy bedroom shall have at least 70 square feet of usable floor area per person with a maximum of four beds and persons per bedroom.

(18)

A group foster care home shall be inspected and approved for fire safety prior to the issuance of an occupancy permit and shall be inspected at least annually.

(19)

Signage shall be allowed subject to sign ordinances per zoning district.

(d)

Standards for adult foster care congregate facilities. Such facilities shall be considered as a special land use subject to the requirements and standards of section 60-74 and the following standards:

(1)

A site plan, prepared in accordance with section 60-307 shall be required to be submitted.

(2)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or caregivers.

(3)

Parking requirements, as required for convalescent homes and similar facilities, set forth in section 60-208, shall be met.

(4)

All landscape requirements set forth in section 60-278 shall be met.

(5)

Appropriate licenses with the state shall be maintained.

(Ord. No. 691, § 1(32-46), 5-4-2005)

State Law reference— Adult foster care facility licensing act, MCL 400.701 et seq.

The following regulations shall apply to all religious institutions, including churches, synagogues, temples, and any associated structures utilized for educational purposes:

(1)

Lot width. The minimum lot width for religious institutions shall be 150 feet.

(2)

Lot area. The minimum lot area for religious institutions shall be one acre.

(3)

Parking setback. Off-street parking shall be prohibited in the front setback area and within 15 feet of the rear or side property line.

(4)

Building setback. Religious institutions shall comply with the following building setback requirements:

a.

Front yard: 50 feet.

b.

Side yards: 30 feet.

c.

Rear yards: 50 feet.

(5)

Landscaping. Religious institutions shall comply with the landscaping requirements set forth in this chapter.

(Ord. No. 691, § 1(32-47), 5-4-2005)

(a)

All ingress and egress shall be from a paved major street.

(b)

No building shall be closer than 50 feet to any lot line.

(c)

Parking areas shall comply with section 60-278.

(d)

All facilities shall be licensed by the state department of public health.

(Ord. No. 691, § 1(32-48), 5-4-2005)

All salvage yards shall conform to the following requirements:

(1)

Minimum lot size shall be five acres.

(2)

All materials stored outside shall be enclosed within a solid, unpierced fence or wall between eight and 12 feet in height. All gates, doors, and accessways through said fence or wall shall be of solid, unpierced materials. In no event shall any stored materials exceed the height of the solid, unpierced fence or wall, or be in the area between the lines of said lot and the solid, unpierced fence or wall.

(3)

The front yard setback for the material storage area shall be 150 feet.

(4)

All buildings shall be set back a minimum of 50 feet from all property lines.

(5)

All ingress or egress shall be limited to two entrances to paved roads.

(6)

On the lot on which a salvage yard is to be operated, all roads, driveways, parking lots, and loading and unloading areas shall be paved, so as to limit the nuisance caused by wind-borne dust on adjoining lots and public roads.

(Ord. No. 691, § 1(32-49), 5-4-2005)

(a)

No activity other than rental of storage units shall be allowed. No commercial, wholesale, retail, industrial or other business activity shall be conducted from the facility.

(b)

The storage of any toxic, explosive, corrosive, flammable or hazardous materials is prohibited. Fuel tanks on any motor vehicle, boat, lawn mower or similar property will be drained or removed prior to storage. Batteries shall be removed from vehicles before storage.

(c)

All storage including vehicles of any kind shall be contained within a completely enclosed building.

(d)

All storage units must be accessible by paved circular drives clearly marked to distinguish traffic flow. A minimum of 24-foot drives shall be provided between buildings. Site circulation shall be designed to accommodate fire trucks, as well as trucks that will customarily access the site.

(e)

Adequate means of security and management shall be provided and including lighting, fencing, or other methods of site security.

(Ord. No. 691, § 1(32-50), 5-4-2005)

(a)

The intent of this section is to permit the location of cellular communication facilities and their towers in the city while preventing an undue concentration of them within a given geographic area and protecting the safety and character of nearby residential areas and the city. It is further the intent of this section to require collocation of transmission and receiving apparatus on existing communication towers or facilities, unless it can be demonstrated by the applicant that collocation is not technically feasible. The collocation of a proposed cellular communication facility to an existing approved tower or structure shall not require an additional special use permit and may be approved by staff review.

(b)

Cellular communication facilities and their towers shall be subject to the following:

(1)

Cellular communication facilities and their towers are permitted in the LI and GI zoning districts as special uses.

(2)

Evidence shall be submitted by the applicant that there are no reasonable and suitable alternatives for location of equipment on an existing communications tower within the service area of the proposed tower. The city may employ specialized experts to review data submitted by the applicant.

(3)

No communication tower or facility shall be located within 3,000 feet of another communication tower or facility. This requirement may be waived at the sole discretion of the city if one of the following conditions is met:

a.

The communication apparatus is located on an existing tower or other structure capable of accommodating such apparatus.

b.

The communication tower is of an exceptional design so as to create a positive architectural and/or environmental feature which is compatible with the character of the surrounding area and community.

c.

The communication tower is intended to serve solely a governmental agency.

(4)

No communication tower shall be located closer than 500 feet from the boundary of residentially owned property. This requirement may be waived at the sole discretion of the city where the communication tower is intended to serve solely a governmental agency.

(5)

Communication towers shall not exceed 180 feet in height when measured at grade level. This requirement may be waived at the sole discretion of the city planning commission based upon a consideration of the following standards:

a.

The topography of the site in relationship to the immediate surrounding area necessitates a tower of increased height.

b.

The screening capabilities of the site provide adequate mitigation of the obtrusive visual effects of the tower.

c.

The land use characteristics of the area surrounding the subject site are compatible with a tower of increased height.

d.

There is no feasible and prudent alternative to a tower of increased height based upon the opinion of an independent expert.

(6)

A communication tower shall have a minimum setback from all property boundaries, at least, equal to the height of the tower unless waived by the planning commission and zoning official.

(7)

The applicant shall include a signed certification by a state-licensed professional engineer with regard to the manner in which the proposed communication tower may fall or collapse in determining the setback for the structure and other facilities. In considering such determination, the planning commission and zoning official may waive the setback requirements if appropriate documentation has been provided to ensure safe structural integrity during extreme wind/ice loading conditions.

(8)

The communication tower and appurtenant apparatus building shall be secured by fencing a minimum of six feet in height. Landscape screening of the fencing and apparatus building shall be provided in accordance with article V, supplementary regulations, sections 60-92 and 60-93. The planning commission shall, with respect to the color of the support structure and all accessory buildings, review and approve so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the cellular communication facility in a neat and orderly condition.

(9)

There shall be unobstructed access to the support structure, for operation, maintenance, repair, inspection and emergency purposes, which may be provided through or over an easement. This access shall have a width and location of adjacent thoroughfares and traffic and circulation within the site; utilities need to service the communication tower and any buildings and parking facilities; the location of the building and parking facilities; proximity to residential districts and minimizing disturbance to the natural landscape; and, the type of equipment which will need to access the site.

(10)

Along with a site plan prepared and submitted in accordance with article IX, the applicant shall submit details of communication tower lighting approved by the Federal Aviation Administration. All lighting shall be restricted to the extent that is required for compliance with FAA regulations and on site security.

(11)

The city shall condition approval of a new communication tower subject to the removal of said communication tower within 12 months of cessation of operation. The city reserves the right to request evidence of ongoing operation at any time after the construction of an approved communication tower.

(12)

Where a cellular communication facility is proposed on the roof of a building, the equipment enclosures shall not be permitted as a roof appliance or penthouse on the building. The equipment enclosure may be located within the principal building or may be an accessory building, providing that as an accessory building it conforms with all district requirements for principal buildings, including yard setbacks and building height.

(13)

The communication tower/support structure shall be constructed in accordance with all applicable building codes and shall include the submission of all soils report from a soils engineer, licensed in the state. This soils report shall include soil borings and statements indicating the suitability of soil conditions for the proposed use.

(14)

Any cellular tower permits issued by the city planning commission shall be contingent upon any necessary approval of the Federal Aviation Administration, Federal Communication Commission, State Bureau of Aeronautics/Tall Structures Act and the county community airport zoning ordinance.

(15)

A maintenance plan shall be presented as part of the site plan for the proposed facility.

(16)

The application shall include a description of security to be posed at the time of receiving a building permit for the facility to ensure removal of the cellular communication facility when it has been abandoned or is no longer needed. In this regard, the security shall, at the election of the applicant, be in the form of cash, surety bond, letter of credit, or an agreement in a form approved by the attorney for the city and recordable at the office of the register of deeds, establishing a promise of the applicant and owner of the property to timely remove the facility as required under this section, with the further provisions that the applicant and owner shall be responsible for the payment of any costs and attorneys' fees incurred by the community in securing removal.

(17)

The name, address and phone number of the person to contact for engineering, maintenance, emergency and other notice purposes shall be posted and visible to the general public at each cellular communication facility. An 8½-inch by 11-inch sign is sufficient for this purpose.

(18)

Commercial signs shall be prohibited on any communication tower and support structures except for low level signs used expressly for security, warnings or aforementioned emergency signs.

(Ord. No. 691, § 1(32-51), 5-4-2005)

Convalescent and nursing homes shall be subjected to the following regulations:

(1)

A minimum lot area equal to 2,000 square feet per bed, but in no case less than five acres.

(2)

The lot shall be located on either a major or minor thoroughfare.

(3)

Minimum setbacks for any building shall be 100 feet from any property line.

(4)

Connection to a municipal sewer system.

(Ord. No. 691, § 1(32-52), 5-4-2005)

Defined as adult regulated use, body piercing establishments shall be subject to the following regulations:

(1)

No body-piercing establishment shall be permitted within 300 feet of a school, library, public park, or public playground. Measurement shall be made from the outermost boundary of the lot or parcel upon which the proposed use will be situated to the outermost boundary of the lot or parcel on which the school, library, public park or public playground is situated.

(2)

No body piercing establishment shall be located within 300 feet of another body piercing establishment. Measurement shall be made from the outermost boundary of the lot or parcel of an existing body-piercing establishment to the outermost boundary of the lot or parcel of the proposed use.

(3)

The special use permit shall expire one year from the date of issuance and may be renewed only upon application in accordance with section 60-74.

(4)

The permittee shall allow the code enforcement officer to inspect the premises annually in conjunction with the renewal application of the special use permit, or at any time the body-piercing establishment is open for business, for the purpose of ensuring compliance with provisions of the special use permit.

(5)

The site plan shall include a diagram that shows all zoning districts and any school, library, public park, or public playground within 300 feet of the proposed use. The diagram shall be drawn to a scale of not greater than one inch equals 100 feet.

(6)

The premises in which the body-piercing is performed, and all equipment used, shall be maintained in a clean, sanitary condition and in good repair. The walls, floors, and ceilings shall have an impermeable, smooth, and washable surface. All tables, chairs, and other equipment shall be made of nonporous materials which may be readily disinfected.

(7)

All used razors, needles, latex gloves, skin-cleansing sponges, gauze dressings, and other materials that have come in contact with human blood or other body fluids, excepting furniture and floor and wall coverings, shall be considered medical waste as that term is defined in the Medical Waste Regulatory Act, being MCL 333.13801 et seq., and must be handled and discarded in the manner specified in such act, depending on the item of waste to be disposed.

(8)

An individual shall not perform body-piercing on a minor unless the individual obtains the prior written informed consent of the minor's parent or legal guardian. The minors' parent, or legal guardian, shall execute the written, informed consent required under this subsection in the presence of the individual performing the body-piercing on the minor or in the presence of an employee or agent of that individual. For the purposes of this section, "minor" does not include a minor who is emancipated pursuant to section 4 of Act No. 293 of the Public Acts of 1968, being MCL 622.4.

(9)

An individual shall not perform body-piercing on another individual if the other individual is under the influence of intoxicating liquor or a controlled substance.

(Ord. No. 691, § 1(32-53), 5-4-2005; Ord. No. 716, § 1, 5-12-2009; Ord. No. 823, § 1, 10-12-2021)

Defined as an adult regulated use, tattoo establishments shall be subject to the following provisions:

(1)

No tattoo establishment shall be permitted within 300 feet of a school, library, public park, or public playground. Measurement shall be made from the outermost boundary of the lot or parcel upon which the proposed use will be situated to the outermost boundary of the lot or parcel on which the school, library, public park, or public playground is situated.

(2)

No tattoo establishment shall be located within 300 feet of another tattoo establishment. Measurement shall be made from the outermost boundary of the lot or parcel upon which the proposed use will be situated to the outermost boundary of the lot or parcel on which the existing tattoo establishment is located.

(3)

The site plan shall include a diagram that shows all zoning districts and any school, library, public park, or public playground within 300 feet of the proposed use. The diagram shall be drawn to a scale of not greater than one inch equals 100 feet.

(4)

The premises in which tattooing is performed and all equipment used shall be maintained in a clean, sanitary condition and in good repair. The walls, floors, and ceiling shall have an impermeable, smooth, and washable surface. All tables, chairs and other equipment shall be made of nonporous materials which may be readily disinfected.

(5)

All used razors, needles, latex gloves, skin-cleansing sponges, gauze dressings, and other materials that have come in contact with human blood or other body fluids, excepting furniture an floor and wall coverings, shall be considered medical waste as that term is defined in the Medical Waste Regulatory Act, being MCL 333.13801 et seq., and must be handled and discarded in the manner specified in such act, depending on the item of waste to be disposed of.

(6)

An individual shall not tattoo or brand a minor unless the individual obtains the prior written informed consent of the minor's parent or legal guardian. The minor's parent or legal guardian shall execute the written, informed consent required under this subsection in the presence of the individual performing the tattooing or branding on the minor or in the presence of an employee or agent of that individual. For the purposes of this section, "minor" does not include a minor who is emancipated pursuant to section 4 of Act No. 293 of the Public Acts of 1968, being MCL 622.4.

(7)

An individual shall not tattoo or brand another individual if the other individual is under the influence of intoxicating liquor or a controlled substance.

(Ord. No. 691, § 1(32-54), 5-4-2005; Ord. No. 717, § 1, 5-12-2009; Ord. No. 764, § 1, 12-9-2014; Ord. No. 824, § 1, 10-12-2021)

All pawnshops shall be fined and are subject to the provisions of chapter 44, article II.

(Ord. No. 691, § 1(32-55), 5-4-2005)

State Law reference— Licensing of secondhand and junk dealers, MCL 445.401 et seq.; pawnbroker licensing, MCL 446.201 et seq.

All truck (except light duty pickup or van style trucks), recreational vehicle, construction equipment, and farm implement and equipment sales and repair facilities shall conform to the following requirements:

(1)

The minimum lot area for such facilities shall be one acre with a minimum frontage along the principal street of 150 feet.

(2)

Outdoor storage of trash, including new or discarded vehicle parts shall be contained within a solid, unpierced enclosure.

(3)

Storage or parking of vehicles within the front setback shall be prohibited.

(Ord. No. 730, 1-11-2011)