Each use listed in this article, whether permitted by right or subject to approval as a special use, shall be subject to the site development standards specified, in addition to applicable standards and regulations for the district in which the use is located. These standards are intended to alleviate the impact from a use which is of a size or type, or which possesses characteristics which are unique in the district in which the use is located. These standards are further intended to assure that such uses will be compatible with surrounding uses and the orderly development of the district.

Unless otherwise specified, each use listed in this article shall be subject to all applicable yard, bulk and other standards for the district in which the use is located. Compliance with the standards in this article does not relieve the owner or operator of a permitted use from complying with additional standards in other applicable city ordinances.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

Accessory apartments lawfully existing as of November 1, 2005 may be continued as a legal nonconforming use in accordance with article XXII of this chapter. New accessory apartments shall not be constructed or permitted after December 1, 2005.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Bars, lounges and standard restaurants where alcohol may be served with or without outdoor service shall be permitted after special approval in the C-1 and C-2-A zoning district subject to the following regulations:

(1)

The establishment shall not be injurious to the neighborhood within 300 feet in respect to proximity to residences, traffic, noise, lighting, and refuse disposal.

(2)

Any new establishment shall be located a minimum of 500 feet from an existing bar, lounge or restaurant that serves alcoholic drinks.

(3)

Outdoor live entertainment is prohibited.

(4)

Outdoor service is permitted only when the main place of business is open, and not before 9:00 a.m. or after 11:00 p.m.

(5)

Outdoor service areas abutting a residential use or zoning district may be required to be screened as a condition for approval in accordance with wall and fence regulations in article XIX.

(b)

Bars, lounges and standard restaurants where alcohol may be served with or without outdoor service shall be permitted in the C-2-B and C-3 zoning district.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2016-2, § 5, 3-21-16; Ord. No. 2019-11-A, § 2, 7-1-19)

Bed and breakfast inns shall be permitted in accordance with the following regulations:

(1)

The dwelling that serves as the bed and breakfast inn shall be the principal residence of the innkeeper and shall be occupied at all times by the innkeeper or staff member when guests are present. The name and telephone number of the innkeeper shall be registered with the planning department.

(2)

The exterior appearance of the structure shall not be altered from its residential district character.

(3)

No guest shall reside on the premises for more than 30 consecutive days.

(4)

No separate or additional kitchen facilities shall be provided for the guests.

(5)

Retail sales are not permitted beyond those activities serving guests.

(6)

A bed and breakfast inn shall not have on its premises a restaurant which is open to the general public. However, the innkeeper may host private, invitation only, functions at which food and beverages may be served.

(7)

A bed and breakfast inn shall be permitted one freestanding identification sign not exceeding four square feet in area nor four feet in height to be located not less than two feet from the public right-of-way.

(8)

The minimum lot size shall be 6,000 square feet.

(9)

The bed and breakfast inn may have three or more sleeping rooms used for guests for compensation.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2010-4, § 2, 4-5-10; Ord. No. 2019-11-A, § 2, 7-1-19)

The following regulations shall apply to automatic and self-service car washes:

(1)

Layout and orientation. All washing activities shall be carried on within the wash building.

(2)

Entrances and exits. All maneuvering areas, stacking spaces and lanes and exit aprons shall be located on the lot on which the car wash is located, in accordance with article XVII. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the car wash.

(3)

Location of vacuum equipment. Vacuuming equipment shall be set back 50 feet from any lot line that is adjacent to a residential zoning district.

(4)

Exit lane drainage. Wash bay exit lanes shall be sloped to drain water back to the wash building to drainage grates.

(5)

Screening. A six-foot masonry wall shall be erected along any lot line abutting residentially zoned property. In addition to said wall, a greenbelt screen shall be provided on the interior side of the wall. Such screening may not be required along street rights-of-way, at the discretion of the planning commission. See sections 122-401(e) and 122-421(d).

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Lot size. Lots shall be of a sufficient size to accommodate required off-street parking, circulation and loading regulations, landscaping and screening regulations, and other applicable regulations.

(b)

Setbacks. All buildings shall be set back not more than 50 feet from any street right-of-way line.

(c)

Height. Building height is limited to three stories or 60 feet, whichever is less, unless otherwise approved by the planning commission.

(d)

Screening. The site shall be landscaped in accordance with article XVIII, landscaping and screening. In addition, all service and loading areas shall be screened in accordance with article XVIII. A five-foot masonry wall may be required at the discretion of the planning commission along any property lines that abut residentially zoned property, subject to the regulations of article XIX, walls and fences.

(e)

Frontage and access. Shopping centers shall have frontage on a major thoroughfare. All means of ingress and egress shall be via the major thoroughfare. Turning and approach lanes shall be provided in accordance with city or state regulations.

(f)

Signs. All signs shall comply with the regulations of article XX, signs. One ground or free-standing sign advertising the name of the shopping center only is permitted.

(g)

Off-street parking. Off-street parking shall be provided in accordance with the regulations of article XVII, off-street parking and loading. An internal system of roads and walkways effectively separating pedestrian and vehicular traffic is required.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Establishment of day care centers. Day care centers may be established as a principal use or as accessory to a principal use such as a church, school, social services provider, or similar institutional use not operated for profit.

(b)

Outdoor recreation area. A minimum of 100 square feet of outdoor recreation area shall be provided and maintained per child, provided that the overall size of the recreation area shall not be less than 1,500 square feet. The outdoor recreation area shall be contiguous to and directly accessible from the building containing the child day care center, and shall not be separated from the building by parking, fire lane, or other vehicular circulation. The planning commission may require the outdoor play area to be fenced and screened from abutting residentially zoned or used land by a greenbelt, which shall be landscaped in accordance with the regulations of article XVIII, landscaping and screening.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

The following regulations shall apply to fast-food and drive-through restaurants:

(1)

Loudspeakers. Loudspeakers mounted on the exterior of buildings are prohibited.

(2)

Devices used for the transmission of orders. Devices used for the transmission of conversations between persons employed by the facility and patrons in vehicles shall be directed or muffled such that the sound of the transmission of voices is not audible beyond the boundaries of the site.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Outdoor play areas. A minimum of 150 square feet of outdoor play area shall be provided, and maintained per child, provided that the overall size of the play area shall not be less than 600 square feet. The planning commission may require the outdoor play area to be fenced and screened from abutting residentially zoned or used land by a greenbelt, which shall be landscaped in accordance with the regulations of article XVIII, landscaping and screening.

(b)

Parking. Such facilities shall provide paved parking for a minimum of four vehicles.

(c)

Loading. Such facilities shall provide an adequate and safe off-street location for loading and unloading passengers.

(d)

Staff. At least one staff member must reside on the premises.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

The following regulations shall apply to all new hospitals or expansions of existing hospitals:

(1)

Frontage and access. Hospitals shall have frontage on a major thoroughfare. All means of ingress and egress shall be via the major thoroughfare. Turning and approach lanes shall be provided in accordance with city or state regulations.

(2)

Screening. All ambulance and delivery areas shall be screened from view of residentially zoned property or residential uses with a wall or barrier with a minimum height of six feet.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

Indoor recreation facility means any establishment that provides indoor recreation facilities such as bowling establishments, tennis courts, billiard halls, skating rinks, indoor archery or driving ranges, and similar uses.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-10, § 2, 7-1-19; Ord. No. 2019-11-A, § 2, 7-1-19)

The following regulations shall apply to all institutional uses, including places of worship, libraries, museums, clubs and fraternal organizations, public and private schools, and governmental buildings:

(1)

Off-street parking. Parking shall not be permitted in required front yard setbacks.

(2)

Landscaping. Landscaping shall be provided in accordance with the regulations of article XVIII, landscaping and screening.

(3)

Frontage and access. Such uses shall front on a major thoroughfare and the primary means of access shall be via a major thoroughfare.

(4)

Setback from residential district. All institutional uses shall have a minimum setback of ten feet from any lot in a residential district.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

Commercial kennels shall at a minimum conform to the following standards in addition to any conditions placed on an individual special use approval permit by the planning commission through section 122-358.

(1)

Minimum distance from residential zoning district or use = 100 feet.

(2)

Kennels must comply with zoning regulations requiring governing the distance between principal buildings and front, side and rear lot lines.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19; Ord. No. 2021-8, 5-17-21)

Model homes in subdivisions or condominium developments shall comply with the following standards:

(1)

Permitted use. The model home shall be used solely as a sales and promotion office for the development in which the home is located. The model home shall not be used to conduct other business, or as a model home to promote sales in other developments. The model home shall be maintained to appear as a home at all times.

(2)

Termination. Use of the home for sales and promotion shall cease as soon as all lots or condominiums are sold, or within two years of the homes occupancy as a model home, which ever occurs first, whereupon the model home shall be offered for sale.

(3)

Identification sign. One ground, wall mounted or freestanding identification sign shall be permitted, subject to the following regulations:

a.

Sign shall not exceed six square feet.

b.

Ground mounted signs shall not exceed six feet in height.

c.

Sign shall comply with setback regulations for zoning district.

(Ord. No. 2005-11, 11-21-05)

Such facilities, including those that sell or rent motor vehicles, mobile homes, utility and similar trailers, and which may include repair facilities or outdoor display areas shall be subject to the following regulations:

(1)

Grading, surfacing, and drainage. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall be surfaced with asphalt or concrete and graded and drained so as to dispose of surface waters.

(2)

Driveway location. The nearest edge of any driveway serving an outdoor vehicle sales area shall be located at least 60 feet from any street intersection as measured from the nearest intersection right-of-way line.

(3)

Servicing of vehicles. Service facilities shall be subject to the following regulations:

a.

Service activities shall be clearly incidental to the vehicle sales operation.

b.

Vehicle and trailer service activities shall occur within a completely enclosed building.

c.

New and used parts, and discarded parts shall be stored within a completely enclosed building.

d.

The building containing service operations shall be located a minimum of ten feet from any property line.

e.

There shall be no external evidence of the service operations, in the form of dust, odors, or noise, beyond the service building.

(4)

Loudspeakers prohibited. Loudspeakers shall not be mounted on the exterior of buildings or structures.

(5)

Setbacks. Outdoor sales areas, parking areas and vehicle maneuvering areas shall comply with the locational regulations for parking areas specified in article XVII, off-street parking and loading.

(6)

Outdoor storage. Outdoor storage areas for vehicles being serviced shall be screened by a six-foot fence or wall in accordance with the regulations of article XIX, walls and fences, or a landscaped screen in accordance with the regulations of article XVIII, landscaping and screening.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Minimum lot area. The minimum lot area shall be 14,000 square feet. The minimum lot area shall be increased an additional 2,000 square feet for each fuel pump unit (a pump housing or structure having a maximum of two nozzles) in excess of four.

(b)

Minimum frontage. Minimum lot frontage shall be 140 feet.

(c)

Minimum setbacks of canopy structures.

(1)

Front yard. All canopy structures shall be set back not less than ten feet from any right-of-way line of any major thoroughfare.

(2)

Side-street side yard. All canopy structures shall be set back not less than ten feet from any right-of-way line of any side street.

(3)

Gasoline pumps. Gasoline pumps shall be located so that motor vehicles are not required to park on or extend over abutting landscaped areas, road rights-of-way, sidewalks, streets, or adjoining property.

(4)

Off-street parking. Off-street parking shall not be permitted in required front yards or side yards adjoining a side street.

(d)

Ingress and egress. Filling stations on corner lots may be permitted to have one driveway on each street frontage.

(e)

Layout. Gasoline pumps shall be located so that motor vehicles do not park on or extend over abutting landscaped areas, road rights-of-way, sidewalks, streets, or adjoining property while being served.

(f)

Outdoor sales and display. Outdoor sales are limited to automobile related products.

(g)

Exterior lighting. All exterior and undercanopy lighting shall be in accordance with the regulations of section 122-60.

(h)

Screening. A screening buffer, obscuring wall or fence that is at least six feet in height shall be erected along any lot line abutting residentially zoned property in accordance with regulations for unobstructed sight zones set forth in section 122-69 and wall and/or fence regulations in article XIX. Such screening may not be required along street rights-of-way, at the discretion of planning department staff. See sections 122-401(e) and 122-421(d).

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 34, 12-15-08; Ord. No. 2012-8, § 13, 6-18-12; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Minimum lot area. The minimum lot area shall be 14,000 square feet. The minimum lot area shall be increased an additional 2,000 square feet for each fuel pump unit (a pump housing or structure having a maximum of two nozzles) in excess of four and 1,000 square feet for each service bay in excess of two.

(b)

Minimum frontage. Minimum lot frontage shall be 140 feet.

(c)

Minimum setbacks. All buildings and accessory structures shall be set back a minimum of ten feet from any street right-of-way and lot line. Canopies over pump islands may extend to within ten feet of a street right-of-way or lot line. Gas pumps shall be located so that nozzles cannot be extended closer than ten feet to a street right-of-way or lot line.

(d)

Ingress and egress. Service stations on corner lots shall be permitted to have one driveway on each street frontage.

(e)

Layout. All service equipment except gas pumps shall be enclosed entirely within a building. Gasoline pumps shall be located so that motor vehicles are not required to park on or extend over abutting landscaped areas, road rights-of-way, sidewalks, streets, or adjoining property.

(f)

Outdoor storage and activity. Vehicles stored out of doors shall not be used as a source of motor vehicle parts for use on or off site. Damaged or partially dismantled vehicles must be stored in the rear yard which is obscured on all sides excepting that side providing ingress and egress by a masonry screening wall or obscuring fence. The opening for ingress and egress shall be provided with a screening gate or gates of durable construction which are the same height of the wall. All activities, except those required to be performed at the fuel pump, shall be carried on inside an enclosed building.

(g)

Exterior lighting. All exterior and undercanopy lighting shall be in accordance with the regulations of section 122-60.

(h)

Screening. A six-foot masonry wall and greenbelt screen shall be erected along any lot line abutting residentially zoned property. Such screening may not be required along street rights-of-way, at the discretion of planning department staff. See sections 122-401(e) and 122-421(d).

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Loudspeakers prohibited. Loudspeakers shall not be mounted on the exterior of buildings or structures.

(b)

Storage. The storage of soil, fertilizer, and similar materials available in bulk shall be contained and covered to prevent them from blowing onto adjacent properties.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Materials allowed. The following materials may be stored in open storage yards: sand, stone, coal, gravel, lumber, waste wood and concrete products, demolition debris, and similar materials, with exception of dismantled motor vehicles and motor vehicle parts.

(b)

Setbacks from residential districts and uses. Open storage yards shall be set back not less than 200 feet from any residential zoning district.

(c)

Screening. Such facilities shall be landscaped and screened in a manner sufficient to prevent loose product from being deposited off-site.

(d)

Storage in required front yard setbacks. Open storage shall not occur in a required front yard setback.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Fencing. An open weave, six-foot high chain link fence shall be constructed around the entire perimeter of the base of the tower.

(b)

Compliance with state and federal regulations. Radio, television, and other types of communication towers shall be constructed, maintained, and operated in conformance with applicable state and federal laws.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Lot area. Self-service storage facilities shall be located on lots of not less than three acres in size.

(b)

Permitted use. Self-service storage facility establishments shall provide for dead storage only, which must be contained within an enclosed building. The following uses shall be prohibited:

(1)

Auctions, commercial, wholesale, or retail sales, miscellaneous or garage sales;

(2)

Servicing repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment;

(3)

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment;

(4)

The establishment of a transfer and storage business; and

(5)

Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

(c)

Outdoor storage. Boats, utility trailers and recreation vehicles shall not be stored in areas that are visible from adjoining streets or residentially zoned lots.

(d)

Exterior appearance. The exterior of any self-service storage facility shall be of finished quality and design, compatible with the design of structures on surrounding property as determined by the planning commission or planning department staff.

(e)

On-site circulation and parking. Required front yards shall remain unobstructed and unoccupied except for landscaping or vehicle access drives.

(1)

All one-way driveways shall be designed with one ten-foot wide loading/unloading lane and one 15-foot travel lane.

(2)

All two-way driveways shall be designed with one ten-foot wide loading/unloading lane and two 12-foot travel lanes.

(3)

The parking lanes may be eliminated if the driveway does not serve storage units. Signs and painted lines shall be used to indicate parking and traffic direction throughout the site.

(f)

Lighting. Lighting shall be provided in accordance with the regulations of section 122-60.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Purpose and intent. The purpose and intent of this article is to minimize the negative, secondary effects associated with sexually oriented businesses through regulating, but not excluding, the location and operation of sexually oriented businesses within the city. It is recognized that sexually oriented businesses, because of their very nature, have serious objectionable operational characteristics which cause negative secondary effects upon nearby residential, educational, religious and other similar public and private land uses. The regulation of sexually oriented businesses is necessary to ensure that their negative secondary effects will not adversely impact the health, safety or general welfare of residents, nor contribute to the blighting or downgrading of surrounding areas. The provisions of this section are not intended:

(1)

To violate the guarantees of the First Amendment to the United States Constitution or article I, section 5 of the Michigan Constitution of 1963;

(2)

To deny adults access to sexually oriented businesses and their products;

(3)

To deny sexually oriented businesses access to their intended market; or

(4)

To legitimatize activities which are prohibited by city ordinance, state or federal law.

The city further states that it would have passed and adopted what might remain of this article following the removal, reduction or revision of any portion of this article found to be invalid or unconstitutional.

(b)

Definitions. The following definitions shall apply in the interpretation and enforcement of this article only, unless otherwise specifically stated:

(1)

Adult arcade. A commercial establishment that offers coin-operated (or operation by any other form of consideration) electronically, electrically, or mechanically-controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices to show images to five or fewer persons per machine at anyone time, and where the images so displayed are distinguished or characterized by the depicting of specified anatomical areas or specified sexual activities.

(2)

Adult bookstore or adult video store. A commercial establishment that has a substantial or significant portion of its stock-in-trade, and as one of its principal business purposes offers for sale or rental for any form of consideration, any one or more of the items set forth below:

a.

Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or video reproductions, slides, or any other visual representations or media which depict or describe specified anatomical areas or specified sexual activities; or

b.

Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

A commercial establishment may have other principal business purposes that do not involve offering for sale or rental the material identified in subsections a. and b. above, and still be categorized as an adult bookstore or adult video store.

(3)

Adult cabaret. A nightclub, bar, restaurant, or similar commercial establishment that regularly features:

a.

Persons who appear in a state of nudity;

b.

Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities;

c.

Films, motion pictures, videocassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of specified anatomical areas or specified sexual activities; or

d.

Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

(4)

Adult entertainment booking agency. A business engaged in for financial remuneration, either directly or indirectly, wherein the owner, operator or agent books performances for dancers, comedians, musicians, entertainers or burlesque performers, taking a fee, commission or percentage of any money from the patron or performer for services rendered, when the performances are characterized by exposure of specified anatomical areas or by specified sexual activities.

(5)

Adult motel. A hotel, motel or similar commercial establishment that does any of the following:

a.

Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, videocassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of specified anatomical areas or specified sexual activities and has a sign visible from the public right-of-way that advertises the availability of any of the above:

b.

Offers a sleeping room for rent for a period of time that is less than 12 hours; or

c.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 12 hours.

(6)

Adult motion picture theater. A commercial establishment that, for any form of consideration, regularly shows films, motion pictures, videocassettes, slides, other photographic reproductions or visual media, that are characterized by the depiction or description of specified anatomical areas or specified sexual activities.

(7)

Adult theater. A theater, concert hall, auditorium, or similar commercial establishment that regularly features a person or persons who appear in a state of nudity or live performances that are characterized by exposure of specified anatomical areas or by specified sexual activities.

(8)

Dating service. A business engaged in for financial remuneration, either directly or indirectly, where arrangements are made to match a person of the same or opposite sex to a patron or patrons, for social or entertainment purposes, either on or off the premises of the dating service.

(9)

Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(10)

Escort agency. A person or business who furnishes, offers to furnish, or advertises the furnishing of escorts for a fee, tip, or other consideration.

(11)

Massage. The performance of manipulative exercises upon the human body of another by rubbing, kneading, stroking or tapping with the hand or hands, or with any mechanical or bathing device, with or without supplementary aids, for nontherapeutic purposes. The systematic and scientific manipulation of the soft tissues of the human body by a health care professional for therapeutic and/or rehabilitative purposes shall be considered a therapeutic massage and not restricted by this section.

(12)

Massage parlor. Any commercial establishment where nontherapeutic massage is made available for any form of consideration.

(13)

Massage school. Any place, establishment or facility which provides instruction in the theory, method and practice of nontherapeutic massage.

(14)

Nude model studio. Any place where a person who displays specified anatomical areas is provided in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration, but does not include:

a.

An educational institution funded, chartered, licensed or recognized by the state; or

b.

A private artist's studio where the private artist employs or contracts with the model to be observed and depicted solely by the private artist.

(15)

Nudity or a state of nudity. Knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person, including, but not limited to, payment or promise of payment of an admission fee, any individual's genitals or anus with less than a fully opaque covering, or a female individual's breast with less than a fully opaque covering of the nipple and areola. Public nudity does not include a woman's breastfeeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding.

(c)

Zoning district. Notwithstanding any provisions of this chapter to the contrary, sexually oriented businesses shall be permitted only as a special use subject to planning commission approval within the C-3 zoning district.

(d)

Location and operation. Special use shall not be granted to any sexually oriented business unless it meets all of the following enumerated regulations. Any sexually oriented business granted special use shall continue to comply with all of the regulations of this section at all times while the business is operational.

(1)

No sexually oriented business shall be located on a parcel that is within 1,000 feet of another sexually oriented business. For purposes of this subsection, and subsections (2) and (3) below, the distance between a proposed sexually oriented business and:

a.

Another sexually oriented business;

b.

The boundary of any land zoned residential, or approved as a planned unit development for residential purposes; or

c.

Land used for any single-, two-, or multiple-family dwelling, city, county, or state park, school, library, licensed child care-facility, playground, church or place of worship shall be measured in a straight line from the nearest lot line of the lot upon which the proposed sexually oriented business is to be located to:

1.

The nearest lot line of the lot used for the other sexually oriented business;

2.

The nearest boundary of the land zoned residential, or approved as a planned unit development for residential purposes; or

3.

The nearest property line of the lot used for a single-, two-, or multiple-family dwelling, city, county, or state park, school, library, licensed child care facility, playground, church or place of worship.

(2)

No sexually oriented business shall be located on a parcel that is within 500 feet of the boundary of any land zoned residential, or approved as a planned unit development for residential purposes.

(3)

No sexually oriented business shall be located on a parcel within 500 feet of any single- or multiple-family dwelling, any city, county or state park, any school, library, licensed child care facility, playground, church or place of worship.

(4)

No sexually oriented business shall be located within any principal or accessory building or structure already containing another sexually oriented business.

(5)

The proposed use shall conform to all regulations of the zoning district in which it is located.

(6)

The proposed use shall be in compliance with all other sections of the Bay City Code of Ordinances, and with all statutes, laws, rules and regulations of the county, state and federal government and, to the extent required, all governmental approvals must be obtained.

(7)

The outdoor storage of garbage and refuse shall be contained, screened from view and located so as not to be visible from neighboring properties or the adjacent right-of-way of a public street or private road.

(8)

Any sign or signs proposed for the sexually oriented business shall comply with the provisions of article XX, signs, and may not otherwise include photographs, silhouettes, drawings, or pictorial representations of specified anatomical areas, specified sexual activities or obscene representations of the human form.

(9)

Entrances to the proposed sexually oriented business must be posted on both the exterior and interior walls, in a location clearly visible to those entering and exiting the business, and using clearly marked lettering no less than two inches in height stating that:

a.

"Persons under the age of 18 are not permitted to enter the premises"; and

b.

"No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

(10)

No product or service for sale or gift, or any picture or other representation of any product or service for sale or gift, shall be displayed so as to be visible by a person of normal visual acuity from the nearest adjoining right-of-way of a public street or private road or a neighboring property.

(11)

All off-street parking areas shall comply with article XVII, off-street parking, and shall be illuminated after sunset during all hours of operation of the sexually oriented business, and until one hour after the business closes. Illumination shall be designed to be in compliance with the regulations of article III, general provisions, section 122-60.

(12)

Any booth, room or cubicle available in any sexually oriented business, except an adult motel, that is used by patrons for the viewing of any entertainment characterized by the showing of specified anatomical areas or specified sexual activities shall:

a.

Be handicap accessible to the extent required by law;

b.

Be unobstructed by any floor, lock or other entrance and exit control device;

c.

Have at least one side totally open to a public, lighted aisle so that there is an unobstructed view of any occupant at all times from the adjoining aisle;

d.

Be illuminated such that a person of normal visual acuity can, by looking into the booth, room or cubicle from its entrance adjoining the public lighted aisle, clearly determine the number of people within; and

e.

Have no holes or openings in any side or rear walls not relating to utility, ventilation or temperature control services or otherwise required by any governmental building code authority.

(e)

Decision on application for special use.

(1)

Notwithstanding any provisions of this chapter to the contrary, a final decision on the special use application and site plan approval shall be made by the planning commission within 75 days of the receipt of the completed application by the planning department. The planning commission shall base its decision upon the applicant's compliance with the regulations set forth in this chapter, and the standards applicable to special use and site plan approval.

(2)

The planning commission may impose reasonable conditions in conjunction with the approval of a special use permit for a sexually oriented business. The conditions imposed shall be limited to conditions necessary to ensure that the sexually oriented business will not be unreasonably detrimental to the public health, safety, or general welfare of the city; nor unreasonably injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted; nor unreasonably impede the normal and orderly development and improvement of the surrounding property for uses permitted under this chapter.

(3)

The planning commission shall incorporate its decision in a written statement containing the conclusions that specify the basis of the decision and any conditions imposed.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 35, 12-15-08; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Location. Where feasible, such uses shall be located so as to not hinder the development of the area or detract from the value of adjoining development.

(b)

Design. All such uses shall be contained in buildings that are architecturally compatible with buildings in the vicinity. Landscaping, fencing and screening shall be provided in accordance with the regulations of articles XVIII and XIX.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2019-11-A, § 2, 7-1-19)

(a)

Conversion to other uses. In the event that the use of a hotel or motel as a place of lodging is discontinued, the substitution of a use of a different kind or class shall be limited to the following:

(1)

Retail uses such as consignment shops.

(2)

Multi-tenant offices that may share common support staff, duplication and communication area.

(3)

Professional medical complexes offering in-house procedures, therapy and recuperation rooms.

(4)

Educational training facilities and lodging.

(5)

Day care centers.

(6)

Multiple-family residential housing units on all levels.

(b)

Prohibited uses. Hotels and motels shall not be converted for use as alcohol or substance abuse rehabilitation centers, residential center for persons released from or assigned to a correctional facility, half-way houses, transitional housing.

(Ord. No. 2008-17, § 36, 12-15-08; Ord. No. 2019-11-A, § 2, 7-1-19; Ord. No. 2022-7, 5-16-22)

Location. For purposes of this section, the distance between a proposed half-way house and another half-way house; the boundary of any land zoned residential, or approved as a planned unit development for residential purposes; or land used for any residential dwelling, city, county, or school, library, licensed child care-facility, playground, church or place of worship shall be measured in a straight line from the nearest lot line of the lot upon which the proposed half-way house is to be located to the nearest lot line of an aforementioned use.

(1)

No half-way house shall be located on a parcel that is within 1,000 feet of another half-way house.

(2)

No half-way house shall be located on a parcel that is within 500 feet of the boundary of any land zoned R-1, single-family or R-2, single- and two-family residential, or approved as a planned unit development for residential purposes.

(3)

No half-way house shall be located on a parcel within 500 feet of any city, county or state park, any school, library, licensed child care facility, playground, church or place of worship.

(Ord. No. 2010-2, § 3, 2-15-10; Ord. No. 2019-11-A, § 2, 7-1-19)