A.

Application for a special land use permit shall be made to the zoning administrator and shall include the following:

1.

Fifteen (15) copies of a site plan containing the information required by section 16.1 C.2.b.(1).

2.

A completed application form.

3.

Payment of an application fee, which shall be non-refundable, as established from time to time by resolution of the city council.

A.

Upon receipt of an application for a special land use permit, the zoning administrator shall cause notice to be given of a special land use public hearing, in accordance with the requirements of the Zoning Act.

B.

Following notice, the planning commission shall hold a public hearing on the special land use permit application.

C.

The planning commission may approve, approve with conditions, or deny the special land use permit request, based upon review and consideration of materials submitted with the application, comments received at the public hearing, and the applicable standards of this chapter.

(Ord. No. 498, 2-6-07)

A.

The planning commission shall approve, or approve with conditions, a special land use permit request only upon a finding that all of the following general standards for approval are complied with:

1.

The use is designed and constructed, and will be operated and maintained, so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, will be compatible with adjacent uses of land, and will not change the essential character of the area in which it is proposed.

2.

The use is, or will be as a result of the special land use permit, served adequately by public services and facilities, including, but not limited to streets, police and fire protection, drainage structures, refuse disposal, water and sewer facilities and schools.

3.

The use does not involve activities, processes, materials and equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of traffic, noise, smoke, fumes, glare or odors.

4.

The use will be compatible with the natural environment and will be designed to encourage conservation of natural resources and energy.

5.

The site plan proposed for such use demonstrates compliance with the special land use specific design standards contained in section 17.6.

B.

The decision of the planning commission shall be incorporated in a statement of conclusions specifying the basis of the decision and any conditions imposed. The decision and statement of conclusions, including conditions imposed on any approval, shall be kept and made a part of the minutes of the planning commission.

A.

The planning commission may impose reasonable conditions in conjunction with approval of a special land use permit which are deemed necessary to ensure compliance with the general standards for approval in section 17.3 and the specific design standards of section 17.6.

B.

Conditions shall be imposed in a manner in accordance with the Zoning Act.

(Ord. No. 498, 2-6-07)

A special land use permit, including conditions imposed, is attached to and shall run with the land for which the permit is granted, and shall be binding upon subsequent owners and all occupants of the subject land.

The following special land uses shall be subject to the requirements of the district in which located, in addition to all the applicable conditions, standards, and regulations as are cited in this section. The following uses have such conditions, standards, or regulations:

A.

Adult bookstores, adult live entertainment, adult motion picture theater, and massage parlors.

1.

The lot or parcel on which the use is located shall not be closer than one thousand (1,000) feet from any residential use or zoning district, school, church, or park, measured from lot line to lot line.

2.

The use is not located within a one thousand (1,000) foot radius of two (2) other such uses, measured from lot line to lot line.

B.

Banks, credit unions, savings and loan associations, and other similar uses, as determined by the zoning administrator, having drive-through facilities.

1.

Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of four (4) stacking spaces for each drive-through teller operation, whether personal or automatic, shall be provided.

2.

Parking areas shall have a front yard setback of twenty (20) feet and side and rear yard setbacks of ten (10) feet.

3.

Access driveways shall be located no less than seventy-five (75) feet from the centerline of the intersection of any street or fifty (50) feet from the centerline of any other driveway.

C.

Bed and breakfast establishments.

1.

The establishment shall be directly serviced by public water and sanitary sewer services.

2.

The establishment shall be located on property with direct access to a public street.

3.

No such use shall be permitted on any property where there exists more than one other bed and breakfast establishment within seven hundred fifty (750) feet, measured between the closest property lines.

4.

Such uses shall only be established in a single-family detached dwelling.

5.

Parking shall be located to minimize negative impacts on adjacent properties.

6.

The number of guest rooms in the establishment shall not exceed three (3), plus one additional guest room for each ten thousand (10,000) square feet or fraction thereof by which the lot area of the use exceeds one acre, not to exceed seven (7) guest rooms in any case.

7.

Exterior refuse storage facilities beyond what might normally be expected for a single-family detached dwelling shall be prohibited.

8.

Signs for bed and breakfast establishments shall comply with the requirements of the zone district in which the use is located.

9.

The establishment shall contain the principal residence of the operator.

10.

Accessory retail or service uses to a bed and breakfast establishment shall be prohibited, including but not limited to gift shops, antique shops, restaurants, bakeries, and so forth.

11.

Meals shall be served only to the operator's family, employees, and overnight guests.

D.

Bus passenger waiting stations.

1.

A vehicle waiting/drop off area of not less than ten (10) spaces shall be provided on-site.

2.

Passenger loading areas must be lighted. Lighting shall be shielded to prevent light from spilling onto any residential district or use.

E.

Churches.

1.

Minimum lot width shall be two hundred (200) feet.

2.

Minimum lot area shall be two (2) acres; plus an additional fifteen thousand (15,000) sq. ft. for each one hundred (100) seating capacity or fraction thereof in excess of one hundred (100).

3.

The property location shall be such that at least one side of the property abuts and has access to a collector or arterial street.

F.

Commercial storage warehouses.

1.

Minimum lot area shall be two (2) acres.

2.

A residence may be permitted on the promises for security personnel or on-site operator. The residence shall conform to the minimum requirements for a single-family detached dwelling in the R-3 district.

3.

Parking and circulation:

a.

One parking space shall be provided for each ten (10) storage cubicles, and shall be equally distributed throughout the site.

b.

Two (2) parking spaces shall also be required for the residence of security personnel or on-site operator employed on the premises.

c.

One parking space shall also be required for every twenty (20) storage cubicles, up to a maximum of ten (10) spaces, to be located adjacent to the rental office, for the use of customers.

d.

All driveways, parking, loading, storage, and vehicular circulation areas shall be paved.

G.

Funeral homes and mortuary establishments.

1.

Lighting for parking areas or outdoor activity areas shall be shielded to prevent light from spilling onto any residential district or use.

2.

Minimum lot area shall be one acre and minimum lot width shall be one-hundred and fifty (150) feet.

3.

An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.

4.

No waiting lines of vehicles shall extend off-site or onto any public street.

5.

Access driveways shall be located no less than seventy-five (75) feet from the centerline of the intersection of any street or any other driveway.

H.

Group day care homes.

1.

A drop off/pick up area shall be provided for motorists off the public street, which permits vehicles to exit the property without backing into the street.

2.

Fencing no less than four (4) feet nor more than six feet in height shall be provided around all outdoor areas accessible to children.

3.

There shall be a contiguous open space of a minimum of one thousand two hundred (1,200) square feet provided on the subject parcel. Said open space shall not be located within a required front yard setback area. This requirement may be waived by the planning commission if public open space is available within five hundred (500) feet of the subject parcel, measured from the nearest lot line of the use to the nearest lot line of the public open space.

I.

Hotels and motels.

1.

Minimum lot area shall be four (4) acres and minimum lot width shall be two-hundred (200) feet.

2.

Parking areas shall have a front yard setback of twenty (20) feet and side and rear yard setback of ten (10) feet.

3.

Access driveways shall be located no less than seventy-five (75) feet from the centerline of the intersection of any street or fifty (50) feet from the centerline of any other driveway.

J.

Housing for the elderly.

1.

All dwelling units in the building shall have a minimum of four hundred fifty (450) square feet per unit.

2.

Retail and service uses may be permitted on the site if such uses are accessory to the elderly housing use. All such uses shall be within the principal residential structure. No exterior signs of any type are permitted.

3.

The allowable density of the zoning district may be increased by no more than fifty (50) percent for all nursing care units licensed by the State of Michigan and no more than twenty-five (25) percent for non-licensed nursing care and supportive care units.

4.

All medical waste facilities shall be secured and meet the requirements of the Michigan Department of Health.

5.

Walkways shall be provided from the main building entrances to the sidewalk along the adjacent public street.

6.

The maximum height may be increased by one story for each additional forty (40) feet the building is set back from all required yards.

K.

Kennels.

1.

For kennels, the minimum lot size shall be two (2) acres for the first four (4) animals and an additional one-third (1/3) acre for each additional animal.

2.

Buildings in which animals are kept, runs, and/or exercise areas shall not be located nearer than one hundred (100) feet to any residential district boundary and shall not be located within any required yard area.

L.

Lumber and planing mills.

1.

The principal and accessory buildings and structures shall not be located within three hundred (300) feet of any residential use or district property line.

M.

Lumberyards.

1.

The lot area used for parking, display, or storage shall be paved and shall be graded and drained so as to dispose of all surface water.

2.

Any display materials or equipment stored or displayed outside of an enclosed building shall not extend into any required yard or occupy any required parking or maneuvering areas for vehicles.

3.

Materials stored within ten (10) feet of the property line of the use may be stacked to a height not exceeding ten (10) feet.

4.

Lighting for parking and outdoor storage areas shall be shielded to prevent light from spilling onto any residential district or use property line.

N.

Manufacture, compounding, processing, packaging, or treatment of products requiring stamping or punch press operations.

1.

The principal and accessory buildings and structures shall not be located within three hundred (300) feet of any residential use or district property line.

O.

Manufacturing processes which utilize, produce or have the potential to produce, a corrosive acid or alkali, cement, lime, gypsum, or plaster of Paris.

1.

Access driveways shall be located no less than one hundred (100) feet from the centerline of the intersection of any street or any other driveway.

2.

The principal and accessory buildings and structures shall not be located within one thousand (1,000) feet of any residential use or district.

P.

Metal plating, buffing, and polishing.

1.

The principal and accessory buildings and structures shall not be located within three hundred (300) feet of any residential use or district property line.

Q.

Reserved.

R.

Outdoor storage, display, and sale of farm implements and commercial construction equipment.

1.

The lot area used for parking, display, or storage shall be paved and shall be graded and drained so as to dispose of all surface water.

2.

Access driveways shall be located no less than fifty (50) feet from the centerline of the intersection of any street or any other driveway.

3.

Lighting for parking areas or outdoor storage areas shall be shielded to prevent light from spilling onto any residential district or use.

4.

Any display materials or equipment stored or displayed outside of an enclosed building shall not extend into any required yard or occupy any required parking or maneuvering areas for vehicles.

S.

Private noncommercial and public recreation areas or community recreation centers.

1.

The use shall be located on property with direct access to a public street.

2.

Any outdoor activity areas shall be set back a minimum of fifty (50) feet from any residential use or district.

3.

Lighting for parking areas or outdoor activity areas shall be shielded to prevent light from spilling onto any residential use or district.

4.

Access driveways shall be located no less than fifty (50) feet from the centerline of the intersection of any street or any other driveway.

T.

Production, refining, or storage of petroleum or other flammable liquids.

1.

Access driveways shall be located no less than one hundred (100) feet from the centerline of the intersection of any street or any other driveway.

2.

The principal and accessory buildings and structures shall not be located within one thousand (1,000) feet of any residential use or district.

U.

Recycling centers.

1.

A six (6) foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises.

2.

The principal and accessory buildings and structures shall not be located within two hundred (200) feet of any residential use or district property line.

V.

Residential dwelling units, in the same building with commercial uses.

1.

No commercial uses, including storage, shall be located on the same floor of the building as the dwelling unit.

2.

For any structure with more than four (4) dwelling units, two (2) on-site parking spaces shall be required for each dwelling unit. For structures with four (4) or fewer dwelling units, tenants may park overnight in public parking lots (but not on the street), provided that they provide their name and the license number of each vehicle to the city. A tenant shall relocate a vehicle or vehicles parked in a public parking lot within twelve (12) hours after the beginning of a snow event, and shall relocate the vehicle(s) for any other public purpose if notified by the city.

3.

Access to dwelling units shall be from outside of the building.

4.

No dwelling unit shall be located on the ground floor of the building.

W.

Restaurants, exclusive of drive-through facilities.

1.

Parking areas shall have a front yard setback of twenty (20) feet and side and rear yard setbacks of ten (10) feet.

2.

Access driveways shall be located no less than seventy-five (75) feet from the centerline of the intersection of any street or any other driveway.

X.

Restaurants with drive-through facilities.

1.

Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of ten (10) stacking spaces for the service ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property or parking spaces by vehicles not using the drive-through portion of the facility.

2.

In addition to parking space requirements, at least three (3) parking spaces shall be provided, in close proximity to the exit of the drive-through portion of the operation, to allow for customers waiting for delivery of orders.

3.

Parking areas shall have a front yard setback of twenty (20) feet and side and rear yard setbacks of ten (10) feet.

4.

Access driveways shall be located no less than one hundred (100) feet from the centerline of the intersection of any street or seventy-five (75) feet from the centerline of any other driveway.

Y.

Salvage yards, junk yards.

1.

Requests for a special land use approval for establishment of a salvage or junk yard shall also require submission of a detailed proposal identifying the predominant type of salvage or junk to be received, the methods of separation and/or recycling, and ultimate destination of waste materials. The applicant shall be required to submit written materials outlining measures taken to comply with all necessary state, county, and local laws.

2.

The site shall abut and have suitable access to a collector or arterial street to ensure safe, direct transport of salvage to and from the site.

3.

No portion of the storage area shall be located within one thousand (1,000) feet of any residential use or district.

4.

Any outdoor storage area shall be completely enclosed by a fence or wall at least six (6) feet in height constructed of a sturdy, durable material and sufficiently opaque to ensure that salvage is not visible from outside the storage area. The fence or wall shall have a minimum of two (2) non-transparent gates not exceeding forty-eight (48) feet in width providing access to the storage area for vehicles but shall not allow direct view of the storage area from adjacent properties or streets. Said fence or wall shall be continuously maintained in good condition and shall contain only approved signs.

5.

Stored materials shall not be stacked higher than ten (10) feet and shall be stored in a manner so as not to be visible from adjoining properties or rights-of-way. In no case shall salvage or junk be stored at a height exceeding the height of the storage area fence or wall.

6.

The fence or wall enclosing the storage area shall meet the applicable building setback requirements.

7.

A management office shall be provided on the site. A residence may be permitted for security personnel or on-site operator.

8.

Conditions within the storage area shall be controlled to minimize the hazards of fire and other threats to health and safety.

9.

All portions of the storage area shall be accessible to emergency vehicles.

10.

Vehicles or vehicle bodies shall be stored in rows with a minimum of twenty (20) foot wide continuous loop drives separating each row of vehicles.

11.

All batteries shall be removed from any vehicle, and all radiators and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method.

12.

Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the fence enclosing the salvage yard.

13.

The property shall be a minimum size of at least six (6) acres.

14.

All fences shall be set back a minimum of three hundred (300) feet from any residential use or district.

15.

In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours.

16.

The planning commission may impose other conditions which have a reasonable relationship to the health, safety and general welfare of the city. These conditions can include a provision for an annual inspection by the zoning administrator to ensure continuing compliance with the above standards.

Z.

Reserved.

AA.

Truck terminals.

1.

Access driveways shall be located no less than one hundred (100) feet from the centerline of the intersection of any street or any other driveway.

2.

Trucks and trailers parked overnight shall be set back from the front lot line a minimum of one hundred (100) feet.

3.

The principal and accessory buildings and structures shall not be located within two hundred (200) feet of any residential use or district.

4.

The lot area used for parking, display, or storage shall be paved and shall be graded and drained so as to dispose of all surface water.

5.

Lighting for parking areas or outdoor storage areas shall be shielded to prevent light from spilling onto any residential district or use.

6.

Any vehicle or equipment stored outside of an enclosed building shall not be located within any required yard.

BB.

Utility and public service buildings, without storage yards, but not including essential public services such as poles, wires, and underground utility systems.

1.

Any such buildings shall be generally compatible, with respect to materials and color, with the surrounding neighborhood.

2.

Any such building shall comply with the yard setback requirements of the district in which it is located.

CC.

Vehicle repair.

1.

The principal and accessory buildings and structures shall not be located within one hundred (100) feet of any residential use or district property line.

2.

Minimum lot area shall be one acre and minimum lot width shall be two-hundred and fifty (250) feet.

3.

All equipment and activities associated with vehicle repair operations, except those in incidental use, such as air hoses, shall be kept within an enclosed building.

4.

Inoperative vehicles left on the site shall be stored within an enclosed building or in an area screened by an opaque fence not less than six (6) feet in height. Such fences shall be constructed in accordance with the requirements of section 16.2 C.3., and continuously maintained in good condition.

5.

Storage of vehicle components and parts, trash, supplies, or equipment outside of a building is prohibited, except in designated and approved storage areas screened from view of adjoining properties and streets.

6.

Access driveways shall be located no less than seventy-five (75) feet from the centerline of the intersection of any street or driveway.

7.

Where adjoining residentially zoned or used property, a solid wall or fence, six (6) feet in height shall be erected along any common lot line. Such fence or wall shall be constructed in accordance with the requirements of section 15.2 D, 3, and continuously maintained in good condition.

DD.

Vehicle service stations.

1.

Minimum lot area shall be one acre and minimum lot width shall be two-hundred (200) feet.

2.

Pump islands shall be a minimum of fifteen (15) feet from any public right-of-way or lot line.

3.

All equipment and activities associated with vehicle service operations, except those in incidental use, such as air hoses, shall be kept within an enclosed building.

4.

Storage of vehicle components and parts, trash, supplies, or equipment outside of a building is prohibited.

5.

If retail sales of convenience goods are conducted on the premises, parking for such uses shall be computed and provided separately for that use.

6.

Canopy roofs shall be permitted to encroach into any required yard, provided that a minimum setback of five (5) feet is maintained, and further provided that the fascia of such canopy is a minimum of ten (10) feet above the average grade.

7.

Access driveways shall be located no less than one hundred (100) feet from the centerline of the intersection of any street or seventy-five (75) feet from any other driveway.

8.

Where adjoining residentially zoned or used property, a solid wall or fence, six (6) feet in height shall be erected along any common lot line. Such fence or wall shall be constructed in accordance with the requirements of section 16.2 C.3., and continuously maintained in good condition.

EE.

Vehicle wash establishment, either self-serve or automatic.

1.

Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of fifteen (15) stacking spaces for an automatic wash facility shall be provided. For self-service establishments, each stall shall have at least two (2) stacking spaces at the entrance and one space at the exit.

2.

Vacuuming activities, if outdoors, shall be at least one hundred (100) feet from any residential use or district property line. Wash bays for self-service establishments shall be located at least fifty (50) feet from any residential use or district property line.

3.

Should self-service wash bays be located with openings facing an adjacent street, they shall be screened as required by section 18.2 C.3., and continuously maintained in good condition.

4.

Only one access driveway shall be permitted on any single street. All access driveways shall be located no less than one hundred (100) feet from the centerline of the intersection of any street or seventy-five (75) feet from the centerline of any driveway.

5.

Where adjoining residentially zoned or used property, a solid wall or fence, six (6) feet in height shall be erected along any common lot line. Such fence or wall shall be constructed in accordance with the requirements of section 16.2 C.3., and continuously maintained in good condition.

FF.

Veterinary hospitals and veterinary clinics.

1.

Runs, exercise areas, pens or other outdoor areas where animals are kept shall meet the requirements for kennels, as provided in this chapter.

GG.

Radio, television, and cellular communication towers.

1.

The minimum lot size shall be one acre.

2.

The tower shall be set back from all lot lines a minimum distance equal to one-half (½) the height of the tower.

3.

In residential districts, such towers shall not exceed one hundred (100) feet in height, unless located on publicly owned land.

4.

A security fence at least six (6) feet in height shall be constructed around the tower and supports.

5.

Where possible, joint use of tower facilities shall be required for multiple users in order to minimize the number of separate towers and individual locations throughout the city. As a condition of approval, the applicant shall agree to permit future users to share the tower facility.

6.

Unless located on the same site, or tower with another user, no new tower shall be erected within a two (2) mile radius of an existing radio, television, or cellular communications tower.

7.

Where the effect of any of the provisions of this ordinance would be to prevent or preclude the operation of amateur radio antennas, the city council may approve the use if the applicant demonstrates that the requirements would interfere with the reasonable accommodation of amateur radio communications.

HH.

Adult foster care small or large group homes.

1.

The use may not be closer than one thousand five hundred (1,500) feet to any of the following:

a.

A group day care home.

b.

Another adult foster care small group home or large group home licensed under the Adult Foster Care Facility Licensing Act, Act 218 of the Public Acts of 1979.

c.

A facility offering substances abuse treatment and rehabilitation service to seven (7) or more people licensed under article 6 of the Public Health Code, Act 368 of Public Acts of 1978.

d.

A community correction center, resident home, halfway house, or other similar facility that houses an inmate population under the jurisdiction of the department of corrections.

The one thousand five hundred (1,500) foot distance shall be measured along a street, road, or place maintained by the state, county, or city, and generally open to use by the public as a matter of right for the purpose of vehicular traffic, not including an alley.

2.

A drop off/pick up area shall be provided for motorists off the public street, which permits vehicles to exit the property without backing into the street.

3.

All playground equipment, and areas for playing and exercise shall be in the side and rear yard of the property. This area shall be at least two thousand five hundred (2,500) square feet in size.

4.

The property shall be consistent with the characteristics of the neighborhood.

5.

One non-illuminated sign measuring no more than sixteen (16) square feet may be permitted if attached to the principal structure.

II.

Pharmacies and dry cleaners with drive-through facilities.

1.

Only one (1) drive-through window shall be permitted per business.

2.

Sufficient stacking capacity for the drive-through lane shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of four (4) stacking spaces shall be provided.

3.

The drive-through lane shall be designed to separate drive-through traffic from other traffic on the site. The site shall be designed so that traffic and pedestrians move about the site safely and efficiently.

4.

The drive or lane serving the drive-through window shall not have direct access to a street; however, the planning commission may approve a limited access drive (enter only or exit only) with direct access to a street, provided that the drive is located no less than seventy-five (75) feet from the centerline of the intersection of any street or fifty (50) feet from the centerline of any other driveway.

JJ.

Motorcycles sales, new and used.

i.

Outdoor display of motorcycles for sale shall be prohibited.

ii.

On site service of motorcycles is prohibited.

(Ord. No. 459, pts. 25, 26, 4-17-01; Ord. No. 461, § 3, 2-5-02; Ord. No. 471, § 1, 9-21-04; Ord. No. 512, § 12, 12-7-10; Ord. No. 516, § 2, 12-7-10; Ord. No. 521, 3-1-11; Ord. No. 522A , § 1, 5-17-12; Ord. No. 529 , § 2, 12-18-12; Ord. No. 552 , § 2, 11-5-19)