Bellevue City Zoning Code
ARTICLE XVII
Special Land Uses
The development and execution of this article is based upon the division of the Village into districts within which the uses of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, on the impact of those uses upon neighborhood land. These uses include public uses and uses entirely private in character, but of such nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. Regulations in this article are in addition to regulations within other articles of this chapter. Where this article's regulations are more stringent than the regulations in other articles of this chapter, this article's regulations shall prevail.
[Amended 1-12-2015 by Ord. No. 2015-001]
§ 155-17.01 Purpose.
[Amended 1-22-2018 by Ord. No. 2018-001]
It is the purpose of this article to specify the process that shall be followed in the review and approval of "special land uses" as authorized by the districts and elsewhere in this chapter, including the standards by which such applications shall be evaluated to ensure conformance with this chapter and encourage public health, safety and welfare. Special land uses are uses and structures which have been generally accepted as reasonably compatible with the primary uses and structures permitted in the district, but could present potential injurious effects upon the primary uses or are otherwise unique in character, and therefore require special consideration in relation to the welfare of adjacent properties and to the Village as a whole.
§ 155-17.02 Procedures.
[Amended 1-22-2018 by Ord. No. 2018-001]
A.
Application. An application for a zoning permit for a special land use shall consist of:
(1)
An application form available from the Zoning Administrator, signed by the property owner(s) and applicant(s).
(2)
A site plan prepared according to Article XXII.
(3)
A detailed description of the proposed project, in narrative form and part of a document signed by the applicant. Such description shall address, at a minimum, the intended use of the property, typical day-to-day operational features of the proposed use, hours of operation, number of employees by shift, the extent to which there will be indoor or outdoor storage and the materials to be stored, the extent of hazardous materials to be present and for what purpose, the means of waste disposal, and anticipated traffic by volume and type including the extent to which truck traffic will be present in association with customers and deliveries.
B.
Review and action/public hearing:
(1)
Application for a zoning permit for a special land use shall follow the same general procedures as delineated for site plan review according to § 155-22.03, except that the Planning Commission shall hold a public hearing on such application before forwarding a recommendation on the application to the Village Council for final action. The Planning Commission's recommendation shall provide for approval, conditional approval or denial. Notice of the hearing shall comply with the Public Act 110 of 2006, the Michigan Zoning Enabling Act, as amended.
(2)
When evaluating the application, the Planning Commission and Village Council shall refer to the approval standards set forth in § 155-17.03 in addition to those specified for site plan approval (§ 155-22.04). The recommendation of the Planning Commission and decision of the Village Council shall each be incorporated in a statement of findings and conclusions relative to the special land use application that specifies the basis for the decision and any conditions of approval.
(3)
An application for a special land use shall be an application to determine the appropriateness of both the proposed use on the subject property and the manner in which the proposed use is to be arranged and function on the site as delineated in the required site plan. The use and site plan shall be viewed as inseparable and shall be acted upon through a single motion of approval, conditional approval or denial.
C.
Changes:
(1)
Site plan. Changes to an approved site plan that are classified as "minor" according to § 155-22.06 shall be acted upon as provided in § 155-22.06. In the case where such change constitutes a "major" change, such change shall be subject to the same review and approval provisions of Subsections A and B.
(2)
Use or activity. A change in the character of the use or activity from what the originally approved zoning permit authorized shall not occur until such change is applied for and approved according to the application and review procedures of Subsections A and B. Examples requiring a new application and review procedure include the establishment of another special land use; the expansion or reduction of the land area comprising the original approved application; and the expansion or increase in intensity of the use, including the erection of additional buildings and the extension of authorized hours of operation.
D.
Appeals. A person aggrieved in association with a special land use decision may appeal the decision to the circuit court only. This limitation shall not prohibit an applicant from seeking a variance from a specific site development standard of this chapter according to Article XXVI.
E.
Reapplication. No application for a zoning permit for a special land use which has been denied wholly or in part shall be resubmitted until the expiration of one year from the date of such denial, except on the grounds of newly discovered evidence or proof of changed conditions having bearing on the basis for the previous denial, as determined by the Village Council. Reapplication shall follow the provisions of Subsections A and B.
F.
Expiration of approval. A zoning permit issued for a special land use shall not expire except according to § 155-24.04C and in the case where the special land use has been abandoned or has been otherwise inactive for a period of more than five years. Where such a permit has expired, the use shall not be reinitiated except upon approval of a newly submitted application including site plan approval and a public hearing.
§ 155-17.03 Approval standards.
[Amended 1-22-2018 by Ord. No. 2018-001]
A.
General approval standards. No special land use application shall be approved except where the application complies with the following general standards:
(1)
Master plan. The application shall be consistent with the Village of Bellevue Master Plan.
(2)
Zoning district. The application shall be consistent with the purpose of the zoning district in which it is located.
(3)
Compatibility of character. The proposed facility shall be designed, constructed, operated and maintained so as to be compatible with the existing and planned character of the general vicinity, taking into consideration such features as the bulk, placement, and materials of proposed structures, open space areas, lighting, and landscaping and screening of parking and storage areas, and hours of operation.
(4)
Neighborhood impact. The proposed facility shall not be substantially hazardous, disturbing, or detrimental to the use, peaceful enjoyment, economic value or development of neighboring property, or the vicinity in general, taking into consideration such features as hours of operation; and the production of noise, glare, vibration, odors, or other external impacts.
(5)
Public facilities/utilities. The proposed facility shall be served adequately by essential public facilities and services such as utilities including water and sewage facilities, police and fire protection, streets, drainage structures, refuse disposal, schools, and streets including minimizing the impact of traffic generated by the proposed development on adjacent properties.
(6)
Public cost. The proposed facility shall not require excessive additional public facilities and services requirements at public cost.
(7)
Public health, safety and welfare. The proposed facility shall not involve uses, activities, processes, materials and equipment or conditions of operation that will endanger the public health, safety or welfare, including detrimental impacts on air, soil, surface and groundwater resources, and other features of the natural environment.
(8)
Site plan approval standards. The proposed facility shall be in compliance with the site plan approval standards of § 155-22.04.
B.
Specific site development standards. In addition to compliance with the above general standards in Subsection A, special land uses shall also comply with the specific site development standards and regulations presented in this article for delineated uses. Unless otherwise specified, each specific use addressed in this article shall be subject to all setback, lot area and other standards of the district in which the use is located. Where this article establishes a standard more stringent than that required elsewhere in this chapter, including the district in which the lot is located, the standard of this article shall apply. Any requirements of this article regarding application submittal data, plans, and drawings shall be in addition to the data requirements of Article XXII, Site Plan Review. Compliance with the standards and requirements of this article does not relieve the owner or operator of a permitted use from complying with requirements of other ordinances.
§ 155-17.04 Adult entertainment facilities.
Adult entertainment facilities may be permitted provided the conditions below and such other conditions as may be required to protect adjacent uses and residential neighborhoods are met.
A.
No adult entertainment facility shall be permitted within 600 feet of a church, park, or a public or private school property.
B.
No adult entertainment facility shall be permitted within 600 feet of a residentially zoned district.
C.
No adult bookstore or adult motion-picture theater shall be located within 800 feet of any other establishment that is an adult bookstore or adult motion-picture theater.
D.
In determining the distance limitation in the paragraphs above, measurement shall be made from the lot line of the church, park, school, adult bookstore or adult motion-picture theater or residential zoning district in a direct line to the nearest point on the lot line of the proposed adult motion-picture theater or adult bookstore.
§ 155-17.05 Agricultural business.
A.
Permitted uses:
(1)
Commercial riding stable.
(2)
Food, feed, fiber, alcohol processing facility, handling products for more than one farm operator.
(3)
Grain and feed elevators.
(4)
Greenhouses with on premise retail sales.
(5)
Livestock auction yards.
(6)
Livestock transport facilities.
(7)
Nurseries with on premise retail sales.
(8)
Sawmills.
(9)
Seasonal farm markets; provided, however, that seasonal farm markets selling only fresh produce raised on the premises and conducting retail sales shall not be regulated under this article.
(10)
Slaughterhouse selling products butchered on the premises.
(11)
Veterinary hospital or clinic and kennel.
B.
Special performance standards.
(1)
Animal holding areas associated with livestock auctions, transportation facilities or slaughterhouses shall be set back 100 feet from all property lines and the road right-of-way.
(2)
There shall be no storage of manure or dust producing material within 100 feet of any property line or road right-of-way.
(3)
Signs shall comply with Article XXI of this chapter.
(4)
Parking areas shall comply with Article XX of this chapter.
(5)
Agricultural business shall be established and conducted in compliance with all other applicable federal, state and local laws and ordinances.
§ 155-17.06 Major automobile service and repair stations.
A.
The following site and developmental requirements shall apply:
(1)
For facilities with new underground storage tanks, the site shall be not less than 300 feet from any residential well, 800 feet from a non-community public water well and 2,000 feet from any public water well, or as otherwise required by state or federal law.
(2)
Ingress and egress to the facility shall be only from a paved major thoroughfare, or from a shared access drive to such roadway.
(3)
No more than two driveways onto a roadway shall be permitted per site. Curb openings for driveways shall not exceed 50 feet and driveway widths shall not exceed 35 feet. Driveways shall be separated by a minimum of 20 feet.
(4)
Curb openings shall be no closer than 10 feet to any adjoining lot line and shall be no closer than 20 feet to an intersection, as measured from the right-of-way.
(5)
No lot line of the site shall be less than 200 feet from any lot line of any place of public assembly, including, but not limited to, hospitals, sanitariums, schools, churches or other institutions.
(6)
All buildings shall be set back not less than 40 feet from all street right-of-way lines.
(7)
All gasoline pumps shall be located not less than 15 feet from any lot line or within 30 feet from the street right-of-way and shall be arranged so that motor vehicles using them will not be parked on or overhanging any public sidewalk or street right-of-way.
(8)
The site shall be a minimum of 14,000 square feet in area and have a minimum of 140 feet of frontage. On lots with frontage on two streets, the street designated as the major access side of the site shall have not less than 90 feet of street frontage.
(9)
The entire area used for vehicle service shall be hard-surfaced and adequately drained.
B.
Special performance standards:
(1)
Hydraulic hoists, service pits, lubricating, greasing, washing, and repair equipment and operations shall be located within a completely enclosed structure.
(2)
Storage of vehicles rendered inoperative for any reason, and vehicles without current license plates and registration, shall be limited to a period of not more than 30 days and then only for the purpose of temporary storage pending transfer to another facility. Such storage shall not occur in front of the building.
(3)
A car wash may be established as part of the principal structure or as a separate structure but shall conform to all setback requirements for a principal structure.
(4)
Retail sales of convenience store merchandise sold primarily to patrons purchasing fuel or services may be permitted.
§ 155-17.07 Automobile service station with minor vehicle repair.
A.
The following site and development standards shall apply:
(1)
The minimum lot area shall be 10,000 square feet, and so arranged that ample space is available for motor vehicles which are required to wait for service.
(2)
The curb cuts for ingress and egress shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than 20 feet from a street intersection or from adjacent residential districts.
(3)
There shall be provided, on those sides abutting or adjacent to a residential district or use, a four-foot solid wall such as brick, decorative block or decorative poured concrete. The height of the fence or wall shall be measured from the surface of the ground of the abutting residential district or use.
(4)
All lighting shall be shielded from adjacent residential districts.
(5)
The sale of propane gas is permitted provided all requirements of the International Fire Code as amended are complied with.
§ 155-17.08 Bed-and-breakfast.
A.
The following site and developmental requirements shall apply:
(1)
Off-street parking shall be provided based upon one space for each rental room and one space for the operator of the facility. It is the intent to discourage yards from being destroyed, landscaping removed or the integrity of the neighborhood altered in order to provide parking. In those instances where parking requirements cannot be met, the applicant may request special consideration by submittal of an analysis of parking required and parking available within a three-hundred-foot radius of the subject parcel. After analyzing this data, the Planning Commission may recommend the Village Council approve a lower number of required parking spaces if sufficient off-street parking exists in the neighborhood.
(2)
A bed-and-breakfast dwelling shall not be located on a lot which is within 300 feet of the nearest lot line of another such facility.
B.
Special performance standards. The bed-and-breakfast facility must be a single-family dwelling which is operated and occupied by the owner of the dwelling. The bed-and-breakfast facility may have up to six bedrooms used for and material.
(1)
Paying guests. Meals may be served to overnight guests only, and may not be served to the public at large.
(2)
The applicant shall provide a scaled floor plan of the premise as part of the special land use application.
(3)
The exterior appearance of the structure shall not be altered from its single family character.
(4)
The impact of the bed-and-breakfast establishment on the neighborhood shall be no greater than that of a private home with overnight guests.
(5)
Retail sales are not permitted beyond those activities serving overnight patrons.
(6)
No receptions, private parties or activities for which a fee is paid shall be permitted.
(7)
Exterior solid waste facilities beyond what might normally be expected for a single-family dwelling shall be prohibited.
(8)
The establishment shall contain at least two exits to the outdoors.
(9)
Rooms utilized for sleeping must be part of the primary residential structure and not have been specifically constructed or remodeled for rental purposes.
(10)
No guest room shall be located in a basement or cellar unless that guest room is provided direct access to the outside by way of a door.
(11)
No paying guests shall reside on the premises for more than seven days in any thirty-day period. A guest registry indicating name, address, phone number, and vehicle license number shall be kept, indicating dates of arrival and departure, and shall be available for inspection by the Zoning Administrator upon request.
(12)
Lavatories and bathing facilities shall be available to all persons using the premises.
(13)
No separate or additional kitchen facilities shall be provided for paying guests.
§ 155-17.09 Cemeteries.
A.
The following site and developmental requirements shall apply:
(1)
All burial plots and all structures shall be set back no less than 30 feet from any lot line or street right-of-way.
(2)
Parking shall be provided on the site, at least 50 feet from any lot line.
B.
Special performance standards. Cemeteries shall be established in compliance with applicable federal and state law.
§ 155-17.10 Churches and religious institutions.
[Amended 1-12-2015 by Ord. No. 2015-001]
A.
The following site and developmental requirements shall apply:
(1)
All ingress and egress to and from the site shall be hard-surfaced.
(2)
No more than 25% of the site area shall be covered by buildings, except that this limitation shall not apply to the (CBD) Central Business District zoning district.
(3)
No more than 60% of the site shall be covered by impervious surface, except that this limitation shall not apply to the (CBD) Central Business District zoning district.
(4)
No building shall be closer than 50 feet to any lot line or right-of-way, except that this limitation shall not apply to the (CBD) Central Business District zoning district.
(5)
No building shall be erected to a height greater than that permitted in the district in which it is located unless the building is set back an additional one foot for each one-foot of additional height above the district height limitation. A spire is excluded.
(6)
No day-care center, private school, or other use requiring special land use Approval shall be allowed on the site without a separately approved special land use permit for each use.
§ 155-17.11 Wireless communication towers and antennas; special use permit and exception to special use permit requirements.
A.
Intent and purpose. It is the intent and purpose of this section to establish regulations and concepts for placement of wireless communication towers and antennas. In this regard, it is the Village's desire to protect residential areas and land uses from potential adverse impacts of such towers and antennas; and encourage the location of towers in nonresidential areas, minimize the total number of towers throughout the Village, encourage the joint use of new and existing tower sites as a primary option, rather than construction of additional single use towers; encourage owners and users of such facilities to place same to the extent possible in areas where adverse impact on the Village is minimized; to encourage owners and users of such facilities to adopt designs and configurations that minimize the adverse visual impact of said facilities, including, but not limited to, siting, landscape, screening, camouflage technique and coloration; to enhance the ability of providers of telecommunication services to provide such services to users within the Village; to consider public health and safety; and avoid potential damage to adjacent properties from tower failure through engineering and site selection.
B.
As used in this chapter, the following terms shall have the meanings as set forth below.
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching office(s), and/or long distance providers, or the public switched telephone network.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, means the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any legally existing tower or antenna prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
C.
Applicability.
(1)
New towers and antennas. All new towers and antennas in the Village shall be subject to these regulations, except as provided in Subsection C(2) through (4) of this section, inclusive.
(2)
Amateur radio station and antennas capable of reception only. This chapter shall not be deemed to be applicable to any tower or installation of any antenna that is owned and operated by a federally licensed amateur radio station operator, or is used exclusively for receive only antennas.
(3)
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of Subsection D(6) and (7).
(4)
AM array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Village or within an adjacent municipality that provides service within the Village of Bellevue, including specific information about the location, height and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the Village; provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall be of monopole construction only unless the applicant can demonstrate that a lattice (non-guyed) tower is the only structure feasible based upon engineering criteria. Towers shall maintain a galvanized steel finish or, subject to applicable FAA standards, be painted a neutral color so as to reduce visible obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(6)
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Village concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Village irrespective of municipal and county jurisdictional boundaries.
(9)
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities or private utilities.
(10)
Franchises. Owner and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Village have been obtained and shall file a copy of all required franchises with the Zoning Administrator.
(11)
Public notice. For purposes of this chapter, any special use request, variance request or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection F(2)(g)[1] and [2], in addition to any notice otherwise required by this chapter.
(12)
Signs. No signs shall be allowed on an antenna or tower.
(13)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection H.
(14)
Multiple antenna/tower plan. The Village encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
E.
Administratively approved uses.
(1)
General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.
(a)
The Zoning Administrator may administratively approve the uses listed in this section.
(b)
Each applicant for administrative approval shall apply to the Zoning Administrator providing the information set forth in Subsection F(2)(b) and (d) of this chapter and a nonrefundable fee as established by resolution of the Village Council to reimburse the Village for the costs of reviewing the application.
(c)
The Zoning Administrator shall review the application for administrative approval and determine if the proposed use complies with Subsection D and F(2)(d), (e), (f) and (g).
(d)
The Zoning Administrator shall respond to each such application within 60 days after receiving it by either approval or denying the application. If the Zoning Administrator fails to respond to the applicant within said 60 days, applicant may apply to the Village Council for action within the following 30 days.
(e)
In connection with any such administrative approval, the Zoning Administrator may, in order to encourage shared use, administratively waive any zoning district setback requirements in Subsection F(2)(f) or separation distances between towers in Subsection F(2)(g) by up to 50%.
(f)
In connection with any such administrative approval, the Zoning Administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
(g)
If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to Subsection F prior to filing any appeal that may be available under this chapter.
(2)
List of administratively approved uses. The following uses may be approved by the Zoning Administrator after conducting an administrative review:
(a)
Locating an antenna, including the placement of additional buildings or other supporting equipment used in connection with said antenna, in the AG, I-1 and I-2 zoning districts.
(b)
Locating antennas on existing structures or towers consistent with the terms of Subsection E(2)(b)[1] and [2] below.
[1]
Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, industrial, professional, institutional or multifamily structure of eight or more dwelling units, provided:
[a]
The antenna does not extend more than 30 feet above the highest point of the structure;
[b]
The antenna complies with all applicable FCC and FAA regulations; and
[c]
The antenna complies with all applicable building codes.
[2]
Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Zoning Administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:
[a]
A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Administrator allows reconstruction as a monopole;
[b]
Height.
[i]
An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the co-location of an additional antenna.
[ii]
The height change referred to in Subsection E(2)(b)[2][c][i] may only occur one time per communication tower.
[iii]
The additional height referred to in Subsection E(2)(b)[2][c][i] shall not require an additional distance separation as set forth in Subsection F. The tower's premodification height shall be used to calculate such distance separations.
[c]
On-site location.
[i]
A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on site within 50 feet of its existing location.
[ii]
After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
[iii]
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculation of separation distances between towers pursuant to Subsection F(2)(g). The relocation of a tower hereunder shall in no way be deemed to cause a violation of Subsection F(2)(g).
[iv]
The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Subsection F(2)(g) shall only be permitted when approved by the Zoning Administrator.
F.
Special use permits.
(1)
General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Village Council:
(a)
Applications for special use permits under this section shall be subject to the procedures and requirements of Article XXV of this chapter, except as modified in this section.
(b)
In granting a special use permit, the Village Council may impose conditions to the extent the Council considers such conditions to be necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(c)
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(d)
An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the Village Council to reimburse the Village for the costs of reviewing the application.
(2)
Towers.
(a)
New towers. Locating any new tower shall require heights and co-location as follows:
[1]
For a single user, up to 75 feet in height.
[2]
For two users, towers of 75 feet and less than 90 feet in height; and
[3]
For three users, towers of 90 feet and not more than 120 feet in height.
(b)
Information required. In addition to any information required for applicants for special use permits pursuant to Article XXV of this chapter, applicants for a special use permit for a tower shall submit the following information:
[1]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including adjacent land users in other municipalities), comprehensive development plan classification and zoning classification of the site and all properties within the applicable separation distances set forth in Subsection F(2)(g), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Zoning Administrator to be necessary to assess compliance with this chapter.
[2]
Legal description of the parent tract and leased parcel (if applicable).
[3]
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape materials.
[6]
Method of fencing, and finished color, and, if applicable, the method of camouflage and illumination.
[7]
A description of compliance with Subsections D(3), (4), (5), (6), (7), (10), (12), and (13) and F(2)(f) and F(2)(g) and all applicable federal, state or local laws.
[8]
A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
[9]
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
[10]
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
[11]
A description of the feasible location(s) of future towers or antennas within the Village based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(c)
Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wire line systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
(d)
Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to Article XXV of this chapter, the Planning Commission and Village Council shall consider the following factors in determining whether to issue a special use permit, although the Village Council may waive or reduce the burden on the applicant of one or more of these criteria if the Village Council concludes that the goals of this chapter are better served thereby:
[1]
Height of the proposed tower;
[2]
Proximity of the tower to residential structures and residential district boundaries;
[3]
Nature of uses on adjacent and nearby properties;
[4]
Surrounding topography;
[5]
Surrounding tree coverage and foliage;
[6]
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
[7]
Proposed ingress and egress; and
[8]
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection F(2)(e) of this chapter.
(e)
Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Village Council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Commission and Village Council related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
[1]
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements;
[2]
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;
[3]
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;
[4]
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;
[5]
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable;
[6]
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(f)
Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Village Council may reduce the standard setback requirements if the purpose and goals of this chapter would be better served thereby:
[1]
Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.
[2]
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(g)
Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Village Council may reduce the standard separation requirements if the purpose and goals of this chapter would be better served thereby.
[1]
Separation from off-site uses/designated areas.
[a]
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
[b]
Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1 | |
|---|---|
Off-Site Use/Designated Area | Separation Distance |
Single-family or duplex residential units[1] | 200 feet or 300% height of tower, whichever is greater |
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 200 feet or 300% of height of tower, whichever is greater[2] |
Vacant unplatted residentially zoned lands[3] | 100 feet or 100% height of tower, whichever is greater |
Existing multifamily residential units greater than duplex units | 100 feet or 100% of height of tower. whichever is greater |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply |
[1]
Includes modular homes and mobile homes used for living purposes.
[2]
Separation measured from base of tower to closest building setback line.
[3]
Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex.
[2]
Separation distances between towers.
[a]
Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The minimum separation distance for towers of 75 feet or less shall be one mile; for towers in excess of 75 feet not to exceed 90 feet, separation distance shall be 1.25 miles; and in excess of 90 feet but not to exceed 120 feet, the separation distance shall be 1.5 miles.
(h)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Village Council may waive such requirements as it deems appropriate.
(i)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Village Council may waive such requirements if the purpose and goals of this chapter would be better served thereby.
[1]
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
[2]
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced, waived or postponed and the special use permit may require installation of landscaping at a later date based upon changes in surrounding area land use.
[3]
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
G.
Buildings or other equipment storage. Buildings to house equipment used in association with antennas or towers shall not exceed 360 square feet in floor area and nine feet in height for each user; provided, however, upon good cause shown, the Planning Commission may allow a larger structure if necessary to serve the particular tower or number of users. Equipment cabinets utilized for antennas mounted on structures, rooftops, utility poles, light poles or similar facilities shall be no larger than necessary to serve each user of said antenna.
H.
Removal of abandoned antennas and towers. The tower owner shall advise the Village of discontinuance of tower use or abandonment within 60 days of such discontinuance. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Village notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds for the Village to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Village may, as a condition for approval, require a financial guarantee in the form of a performance bond, cash deposit or irrevocable letter of credit to provide sufficient funds for removal of abandoned towers and buildings associated therewith.
I.
Nonconforming uses.
(1)
No expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding Subsection I, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the setback and separation requirements specified in Subsection F(2)(f) and (g). The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as set forth in Subsection H.
J.
Final determinations; written decision. No determination rejecting a request to place, construct or modify personal wireless facilities, including wireless communication towers, shall be final until a written decision is adopted by the Village entity which made the decision.
§ 155-17.12 Drive-in establishments.
A.
The following site and developmental requirements shall apply:
(1)
All egress and ingress to and from the site shall be hard-surfaced and shall be at a distance of at least 60 feet from the intersection of two streets, as measured from the right-of-way of the intersecting street.
(2)
All buildings shall be set back a minimum distance of 60 feet from all street right-of-way lines.
B.
Special performance standards:
(1)
The outdoor space used for parking and movement shall be hard-surfaced.
(2)
No drive shall be closer than 75 feet to any other drive and the maximum number of driveways permitted is two.
§ 155-17.13 Extraction operations; surface mining.
[Amended 10-28-2025 by Ord. No. 2025-001]
A.
Definition. A surface mine is a parcel of land utilized for the removal or extraction of natural mineral deposits, soil, and organic soils by open-pit mining methods.
B.
Excavation of soils and minerals. The excavation of peat, mulch, sand, gravel, clay, limestone, shale, or other natural mineral deposits shall be permitted only upon the issuance of a conditional use permit.
C.
Site plan requirements. In addition to the regular application for a conditional use permit and payment of fees, the application shall be accompanied by a site plan. The site plan shall be drawn to a readable scale on a Certified Boundary Survey of the property, and said plan shall include the following information:
(1)
Name and address of owner(s) of land where the removal will take place.
(2)
Name, address, and telephone number of the person, firm, or corporation who will be conducting the actual removal operation.
(3)
Location, size, and legal description of the total site area to be mined.
(4)
A plan for extraction and reclamation for the total project, which shall include:
(a)
Existing and proposed contours at a minimum two-foot interval.
(b)
Surface overburden and topsoil stripping and stockpiling plans.
(c)
Provisions for grading, revegetation, and stabilization that will minimize soil erosion, sedimentation, and public safety problems.
(5)
Surface water drainage provisions and outlets.
(6)
The location and size of any structures.
(7)
All required setback areas for excavation and machinery storage.
(8)
Interior access roads, parking lots, haul road, loading and unloading areas.
D.
Rehabilitation. All extraction areas shall be rehabilitated progressively as they are worked out. Rehabilitated sites shall be reasonably natural and inconspicuous and shall be reasonably lacking in hazard. All slopes and banks remaining above water level and below water level to a depth of five feet shall be graded to angles that do not exceed one foot in elevation for each three feet of horizontal surface, and they shall be treated to prevent erosion or any other potential deterioration.
E.
Site development requirements.
(1)
Setbacks in which no part of the mining operation may take place, except for ingress and egress, shall be as follows:
(a)
Excavation shall not take place within 50 feet from any structure.
(b)
Excavation below the existing grade of adjacent roads or property lines shall not take place within 25 feet from any adjoining property line or road right-of-way.
(c)
No machinery will be erected or maintained within 100 feet of any property or road right-of-way line.
(2)
Screening. If screening is deemed a requirement of the conditional use permit, the Planning Commission shall specify the type and location of the required screening. Screening may be any combination of fencing, berms, or plantings as determined by the Planning Commission. The Planning Commission shall consider the scale of the operation, the population density in the surrounding area, neighboring residential districts, or otherwise occupied properties.
(3)
Interior access roads, parking lots, haul roads, loading and unloading areas, and stockpiled materials shall be maintained to limit the nuisance caused by wind-blown dust.
(4)
Hours of operation shall be Monday through Friday from 7:00 a.m. to 6:00 p.m. and Saturday from 7:00 a.m. to 12:00 p.m.
(a)
No hours of operation on Sundays or the following holidays:
[1]
New Year's Day - January 1.
[2]
Memorial Day - Last Monday of May.
[3]
Independence Day - July 4.
[4]
Labor Day - First Monday in September.
[5]
Thanksgiving Day - Fourth Thursday in November.
[6]
Christmas Day - December 25.
(5)
Signage. Signage shall be placed where it is visible and legible at the entrance to the site. It shall be weather-durable and not exceed six square feet in size. The sign shall include the name and address of the surface mine owner/operator, a phone number, and a contact person from whom additional information may be obtained. Additional signage for identifying the business shall be in accordance with Article XXI of this chapter.
(6)
Failure to maintain all required state or federal licenses and/or to develop and maintain a surface mining operation in accordance with the terms of the conditional use permit may result in the immediate revocation of said conditional use permit and any other sanctions and/or penalties available to the county.
F.
Evidence of continuing use. When activities on or the use of the mining area, or any portion thereof, have ceased for more than one year or when, by examination of the premises or other means, the Department of Construction Codes and Planning and Zoning determines a manifestation of intent to abandon the mining area, the Department of Construction Codes and Planning and Zoning shall give the operator written notice of their intention to declare the mining area or portion thereof abandoned. Within 30 days following receipt of said notice, the operator shall have the opportunity to rebut the Department of Construction Codes and Planning and Zoning's evidence and submit other relevant evidence to the contrary. If the Department of Construction Codes and Planning and Zoning finds the operator's evidence of continued use satisfactory, it shall not declare abandonment.
G.
Financial guarantees. A minimum pit bond of $3,000 plus a minimum $2,000 per excavated acre shall be filed with the County Treasurer. The bond shall be in the form of a surety bond executed by a reputable surety company authorized to do business in the State of Michigan or a cash bond posted in lieu of a surety bond. The amount of a cash bond filed with the county may be one-half the total required bond if approved by the Planning Commission. The bond shall be returned when all conditions stipulated in the conditional use permit shall have been complied with and the conditional use permit revoked before its release. There shall be no partial release of the bond.
H.
Issuance of a conditional use permit. Permits for surface mining shall be issued to the operator. Suppose an operator disposes of his interest in an extraction area before final reclamation by sale, lease, assignment, termination of lease, or otherwise. In that case, the Planning Commission may release the operator from the duties imposed upon him by this section, as to the operation, but only if the successor, operator, or property owner assumes the obligations of the former operator with reference to the reclamation activities. At that time, the conditional use permit may be transferred.
I.
Inspection requirement. All surface mines shall be inspected a minimum of once a year by the Development Official to ensure compliance with the permit and this section.
J.
Modification of general site plan.
(1)
The Site Plan may be modified at any time by mutual consent of the operator and the Development Official to adjust the excavation and storage areas or to correct an oversight on the property, if the proposed new regions are within the required setback areas. All modifications to the site plan approved by the Development Official shall be reported to the Planning Commission.
(2)
The Planning Commission or Development Official may require the modification of the general site plan when:
(a)
Modification of the plan is necessary so that it will conform to the existing laws.
(b)
It is found that the previously approved plan is clearly impractical to implement and maintain.
(c)
The approved plan is obviously not accomplishing the intent of this section.
§ 155-17.14 Group day-care homes.
A.
The following site and developmental requirements shall apply:
(1)
Group day-care homes shall not be located closer than 1,500 feet to any of the following facilities as measured along a street, road, or other public thoroughfare, excluding an alley:
(a)
Another licensed group day-care home.
(b)
Another licensed group day-care home, a licensed adult foster care small or large group home.
(c)
A facility offering substance abuse treatment and rehabilitation services to seven or more people which is licensed by the State of Michigan.
(d)
A community correction center, resident home, halfway house or other similar facility which houses an inmate population under the jurisdiction of the Department of Corrections.
B.
Special performance standards.
(1)
All outdoor play areas shall be enclosed with fencing, a minimum of four feet high.
(2)
The property, including landscape and structural elements, shall be maintained in a manner that is consistent with the character of the neighborhood. A group day-care home should not require exterior modifications to the dwelling nor should the front yard be the location of play equipment, except on a corner lot.
(3)
One identification sign shall be permitted. Such sign face shall not be greater the two square feet, shall be mounted flush to a wall, made of a material that is compatible with the dwelling unit, and shall not be illuminated. Sign text shall be limited to the name of the facility and an address.
(4)
At least one off-street parking space shall be provided for each nonfamily employee of the group day-care home in addition to the parking normally required for the residence. A driveway may be used for this purpose. An off-street dropoff area is to be provided with the capability to accommodate at least two automobiles in addition to the parking required for nonfamily employees of the dwelling and the parking normally required for the residence.
(5)
Hours of operation shall not exceed 16 hours in a twenty-four-hour period.
§ 155-17.15 Home business.
A.
The following site and developmental requirements shall apply:
(1)
The business shall hire no more than four employees other than the resident occupants of the dwelling.
(2)
The business shall be conducted in a fully enclosed building.
(3)
Outdoor storage of materials shall be completely fenced to obstruct view to a height equal to the elevation of the tallest material to be stored; provided, however, that up to two display units produced on site may be exhibited outside a fence.
(4)
Adequate off-street parking shall be provided in accordance with Article XX of this chapter.
(5)
No external alteration of the dwelling shall be made to accommodate the home business.
(6)
The home business shall at all times comply with all other applicable laws and ordinances.
(7)
Signs shall be permitted in accordance with Article XXI of this chapter.
(8)
Total floor area for home business use located both within a dwelling and accessory buildings when taken together with outdoor storage area and any outdoor display areas shall not exceed 4,000 square feet.
B.
Prohibited home businesses:
(1)
Motor fuel service station, parking garage and commercial garage.
(2)
Automobile salvage yard.
(3)
New and used vehicle sales.
(4)
Activities which are specifically provided for elsewhere in this chapter by special use permit, site plan approval or permitted only in the industrial districts.
§ 155-17.16 Junkyards.
A.
The following site and developmental requirements shall apply:
(1)
A solid fence, wall or earthen berm at least eight feet in height shall be provided around all sides of the area used to store junk to screen said site from surrounding property. Such fence or wall shall be of permanent finish and sound construction.
(2)
No portion of the enclosed area shall be located within 200 feet of residentially zoned properties, schools, day-care facilities, churches, hospitals, and convalescent or nursing homes.
(3)
Ingress and egress to the facility shall be only from a major thoroughfare. The Village Council may approve access to a minor thoroughfare if the Council finds that such access point will minimize impacts on other properties.
(4)
The minimum lot or parcel size for junkyards shall be 10 acres and the minimum frontage and lot width shall be 300 feet.
(5)
All enclosed areas shall be set back at least 100 feet from any lot line. Whenever the installation abuts a residential district, a buffer strip at least 200 feet in width shall be provided between the enclosed area and the adjoining district. Such strip shall contain plants, grass, and structural screens of a type approved by the Planning Commission.
(6)
Adequate parking and unloading facilities shall be provided at the site so that no loaded vehicle at any time stands on a public right-of-way awaiting entrance to the site.
(7)
The front yard shall be planted with trees, grass, and shrubs. The spacing and type of plant materials shall be consistent with the provisions of Article XXII of this chapter.
B.
Special performance standards:
(1)
All activities shall be confined within the enclosed area, including any storage of materials; stockpiling of materials; disassembly of materials, parts, and vehicles; and the storage or parking of all operative and inoperative vehicles. There shall be no stocking of material above the height of the fence, wall, or berm, except that moveable equipment used on the site may exceed that height. No equipment, material, signs, or lighting shall be used or stored outside the enclosed area.
(2)
No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building.
(3)
All roads, driveways, parking lots, and loading and unloading areas within any junkyard shall be paved. Access drives in storage areas shall be watered, or chemically treated so as to limit the nuisance caused by wind-borne dust on adjoining lots and public roads.
(4)
The operation shall be licensed by the Michigan Secretary of State to sell used vehicle parts or tow nonoperational vehicles.
(5)
Materials listed on the Michigan Critical Materials Register (gasoline and solvents) that require secondary containment and a Pollution incident protection plan shall be filed with the Michigan Department of Natural Resources.
§ 155-17.17 Kennels.
A.
The following site and developmental requirements shall apply:
(1)
The lot area shall be at least five acres in size and 300 feet in width.
(2)
Kennels may not be located in a platted subdivision or condominium subdivision.
(3)
Buildings where animals are kept, runs, and exercise areas shall not be located nearer than 100 feet to any adjacent lot line in a residential district or any adjacent building used by the general public. Runs and/or exercise areas, and buildings where the animals are maintained, shall be located in the rear yard only.
B.
Special performance standards:
(1)
All kennels shall be operated in conformance with all applicable county, state and federal regulations.
(2)
All animals must be licensed and maintained in a healthful and careful manner.
(3)
The main kennel building used to house the animals shall be insulated in such a manner that animal noises are minimized.
(4)
Habitual barking or unusual noise from the kennel which results in a nuisance to neighboring landowners or residents is prohibited.
(5)
Exercise yards, when provided for training or exercising, shall not be used between the hours of 10:00 p.m. and 7:00 a.m.
(6)
During the hours of 7:00 a.m. until 10:00 p.m. animals shall be permitted in outdoor runs or pens. Animals shall be kept confined and not allowed to run at large in unfenced areas of the property, except as part of supervised training.
(7)
Dust and drainage from the kennel shall not create a nuisance or hazard to adjoining property or uses.
(8)
The outside perimeter of the run and/or exercise area shall be enclosed by chain-link or cyclone fencing sufficient to prohibit the escape of animals.
(9)
The premises shall be kept in a clean and sanitary manner to prevent the accumulation of flies, the spread of disease or offensive odor.
(10)
Animal odors shall not be detectable beyond the lot lines of the property in which the kennel is located.
§ 155-17.18 Mini storage facilities.
A.
The following site and developmental requirements shall apply:
(1)
The facility shall have direct access to a paved thoroughfare.
(2)
The minimum lot or parcel size for mini storage facilities shall be two acres and the minimum frontage shall be 200 feet.
(3)
One parking space shall be provided for each 20 rental units within the buildings, and one parking space shall be provided for each employee.
(4)
If the space between storage facilities is to be utilized for parking or driving, it shall be signed for parking and traffic direction regulation. There shall be a minimum of 35 feet of driveway if the driveway is one way and 45 feet if the driveway is two-way between warehouses. Where no parking is provided within the building separation areas, said building separation need only be 25 feet.
(5)
The lot area used for parking and access shall be provided with a permanent, durable, dustless surface and shall be graded and drained so as to dispose of all surface water.
B.
Special performance standards:
(1)
No retail, wholesale, fabrication, manufacturing, or service activities may be conducted in or from the storage units by the lessees.
(2)
Storage of goods shall be limited to personal property with no commercial distribution allowed and no operation which requires the regular delivery or pickup of goods in vehicles with a gross vehicle weight rating in excess of 10,000 pounds.
(3)
All storage shall be within the enclosed building area. There shall be no outside storage or stockpiling.
(4)
The exterior of mini storage buildings shall be of finished quality and properly maintained.
(5)
No storage of hazardous, toxic, or explosive materials shall be permitted at the facility. Signs shall be posted at the facility describing such limitations.
§ 155-17.19 Motels and hotels.
A.
The following site and developmental requirements shall apply:
(1)
Ingress and egress shall be only from a paved thoroughfare.
(2)
The minimum lot or parcel area shall be one acre and the minimum lot width and frontage shall be 200 feet.
(3)
Units shall be rental units and shall not constitute permanent residential accommodations nor shall such units be converted to other than rental units unless such units meet the following requirements:
(a)
Units shall meet the requirements of the RD Multiple-Family District.
(b)
All units shall meet the requirements of all Village ordinances and county and state requirements for dwelling construction and occupancy.
§ 155-17.20 Nursing homes.
A.
The following site and developmental requirements shall apply:
(1)
All ingress and egress for the site shall be from a paved thoroughfare.
(2)
No building shall be closer than 50 feet to any lot line.
B.
Special performance standards:
(1)
Parking areas shall not be located within 50 feet of a residential district or use.
(2)
All facilities shall be licensed by the Michigan Department of Public Health and shall conform to applicable state and federal laws.
§ 155-17.21 Outdoor commercial recreation.
A.
The following site and developmental requirements shall apply:
(1)
The site shall be located on a paved thoroughfare.
(2)
Minimum site area shall be:
(a)
Three acres for; flea markets, batting cages, skateboard parks and mini golf.
(b)
Ten acres for amphitheater, amusement parks, driving ranges, and campgrounds. Minimum lot width shall be 600 feet.
(c)
Eighty acres for a nine-hole golf course; 160 acres for an eighteen-hole golf course.
(d)
Twenty acres for drive-in theaters, air gun and survival games, fairgrounds, recreational vehicle parks, travel trailer parks, go-cart racing, automobile and motorcycle tracks, and campgrounds, including youth camps, religious retreats, and hunting camps. Minimum lot width shall be 600 feet.
(3)
No building or spectator seating facility shall be located within 100 feet of a lot line.
(4)
Front, side and rear yards shall be at least 80 feet. The first 50 feet of such yards shall be kept free of off-street parking and shall be landscaped.
(5)
A landscaped buffer zone shall be provided between parking and principal building areas and any adjacent residential development. Whenever parking areas are within 60 feet adjacent to land zoned or used for residential purposes, a five foot or greater wall or obscuring fence shall be provided along the sides of the parking area adjacent to such residential land.
(6)
The entire periphery of race tracks and drive-in theaters shall be enclosed with an obscuring screen fence at least eight feet in height. Fences shall be of permanent finished construction, painted or otherwise finished neatly, attractively and inconspicuously.
B.
Special performance standards for all outdoor commercial recreation facilities:
(1)
The applicant shall obtain and provide evidence of compliance with all appropriate federal, state, county and local permits as appropriate.
(2)
Facilities shall provide off-street parking and passenger loading areas.
(3)
An adequate stacking area shall be provided for vehicles waiting to enter the lot.
(4)
No temporary sanitary facility or commercial dumpster type of trash receptacle shall be located within 200 feet of an existing dwelling.
(5)
All sanitary facilities shall be designed and constructed in strict conformance with County Health Department regulations.
(6)
Except in the case of golf courses, operating hours for all uses shall be determined by the Planning Commission based on the nature of the use and the nuisance potential to adjoining property owners. The maximum range of hours is Monday through Sunday from 7:00 a.m. to 12:00 a.m. (midnight) and may be prohibited on legal holidays.
C.
Special performance standards for drive-in theaters.
(1)
Drive-in theater screens shall be so located as to be out of view from any major thoroughfare or residential area.
§ 155-17.22 Airports and landing strips.
A.
Site and developmental requirements, as well as site performance standards, shall be consistent with the requirements of the Michigan Aeronautics Commission and the Federal Aviation Authority.
§ 155-17.23 Planned unit developments. [1]
[1]
Editor's Note: See Article XV.
§ 155-17.24 School, institutional and public uses.
[Amended 10-28-2025 by Ord. No. 2025-002]
A.
The following site and developmental requirements shall apply:
(1)
Ingress and egress to the site shall be only from a paved thoroughfare.
(2)
Student drop-off and vehicular turnaround facilities shall be provided on the site so that vehicles will not interfere with traffic.
(3)
No building for public use shall be closer than 50 feet to any property or street right-of-way line. Accessory buildings for storage must meet the required setbacks of eight feet from each side yard, 35 feet from the rear yard, and 30 feet from the front yard. Family and group daycare homes are exempt from this requirement, but must meet the required setbacks for the zoning district in which they are located. Group daycare homes must meet the requirements in section MCL 125.3206 of PA 110 of 2006, as amended.
§ 155-17.25 Archery and gun range.
A.
The following site and developmental requirements shall apply:
(1)
Archery and gun ranges shall be designed and constructed in accordance with the standards of the National Rifle Association (NRA) and the design shall be certified as meeting such requirements by an architect or engineer licensed to practice in the State of Michigan.
(2)
An applicant for a special use permit for an archery and gun range shall submit an application on forms provided by the Village, which application shall require a description of the proposed archery and gun range and the qualifications of the applicant to operate the proposed facility.
(3)
All signs shall comply with the provisions of Article XXI of this chapter.
(4)
All off-street parking shall comply with Article XX of this chapter.
§ 155-17.27 Camping facilities.
A.
The following site and developmental requirements shall apply:
(1)
Each campsite shall be set back from any right-of-way or lot line at least 70 feet.
(2)
A common use area shall be provided in the parcel at a rate of 500 square feet per campsite.
(3)
There shall be no permanent storage of tents, campers, travel trailers or mobile homes units in the development unless specifically permitted.
(4)
No more than one permanent dwelling shall be allowed in a campground which shall only be occupied by the owner, manager or an employee.
(5)
Each campsite shall have designated places for fires.
§ 155-17.28 Golf courses and country clubs.
A.
The following site and developmental requirements shall apply:
(1)
Accessory uses may include: clubhouse/pro shop/managerial facilities, maintenance shed, toilets, lockers, standard restaurant and drinking establishments, tennis, racket sports, and swimming facilities.
(2)
The clubhouse design is to be of a residential character.
(3)
Major accessory uses such as a standard restaurant and bar shall be housed in same building as the clubhouse. Minor accessory uses strictly related to the operation of the golf course itself, such as maintenance garage and pro shop or golf shop, may be located in separate structures.
(4)
There may be a maximum of two identification signs. Each sign may have a maximum area of 30 square feet. Both signs may be lighted.
(5)
Additional parking shall be required for permitted accessory uses.
(6)
The lot area used for parking and access shall be provided with a permanent, durable, dustless surface and shall be graded and drained so as to dispose of all surface water.
(7)
All principal or accessory buildings shall be not less than 200 feet from any lot line; provided that where topographic conditions are such that buildings would be screened from view, the Village Council may modify this requirement.
(8)
The total lot area covered with principal and accessory buildings shall not exceed 15%.
(9)
A golf driving range accessory to the principal use of the golf course is permitted provided the area devoted to this use shall maintain a seventy-five-foot front yard and a one-hundred-foot side and rear yard setback. The areas shall be buffered by natural vegetation and fencing to minimize the impact upon adjoining properties. Additional buffering may be imposed by the Village Council.
(10)
A fifty-foot minimum undisturbed buffer zone between turf areas and natural water bodies, watercourses or wetlands must be maintained as part of a golf course. The buffer zone must contain natural vegetation and shall not be chemically treated.
(11)
Water quality protective measures are required as follows:
(a)
Maintenance of erosion control barriers during construction and until all ground cover is established.
(b)
To the extent practicable, runoff must be directed to on-site holding/sedimentation ponds with a water quality control structure installed at the outlet prior to water discharge from the premises.
(c)
At any time widespread or non-spot application of herbicide, insecticide, fungicide or rodenticide is to occur, notification signs must be posted at lot lines. The signs are to state the type and name of the chemical, date and time of application.
(d)
All chemical applications must be made by an applicator licensed by the Michigan Department of Agriculture. Chemicals shall meet the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the Environmental Protection Agency (EPA), and all appropriate state statutes and administrative directives.
§ 155-17.29 Sidewalk cafes.
A.
Cafes occupying public sidewalks or a public space may be permitted subject to the following:
(1)
A site drawing showing a detailed plan of the outdoor cafe must be submitted to and approved by the Village Council.
(2)
Plans for setting up the outdoor cafe must provide for the passage of pedestrians in a manner designed to ensure traffic and pedestrian safety.
(3)
The outdoor cafe must be part of a licensed restaurant and meet all the requirements of the Department of Health.
(4)
Liability insurance and property damage coverage naming the Village as an insured party, in an amount approved by the Village, must be provided before an outdoor cafe may be set up on any public space.
(5)
Approval of the Village Council is required for the use of any public area or facility.
§ 155-17.30 Apartments above stores.
A.
Apartments above stores may be permitted subject to the following:
(1)
No dwelling unit shall occupy any portion of a commercial or industrial building at or below ground level. Businesses may occupy any number of floors.
(2)
Above-store apartment dwellings shall meet applicable codes and ordinances of the Village, county, or state.
(3)
Floor plans drawn to scale of all floors to be utilized for dwelling purposes shall be submitted to the Zoning Administrator.
(4)
Approved smoke detectors shall be provided in each dwelling unit, in common hallways and as required by the Building Code applicable to the Village.
(5)
Emergency egress lighting shall be provided as required by the Building Code applicable to the Village.
(6)
A approved fire extinguishers shall be provided in the common hallway and required by the Building Code applicable to the Village.
(7)
In those instances where residential uses are proposed to occupy the same floor as a business use, the Village Council shall review such mixed use and may approve such mixed use based on findings that compatibility of the business with residential occupancy will occur. Such findings may include but are not limited to:
(a)
Compatible hours of operation.
(b)
Noise of operation or occupancy that would be detrimental to the business operation or vice versa.
(c)
Excessive foot traffic.
(8)
Off-street parking shall be provided in accord with Article XX.
§ 155-17.31 Two-family dwellings.
A.
Dwelling exterior designs shall be compatible with single-family dwellings within 300 feet of the two-family dwelling.
B.
Conversion of an existing one-family dwelling to a two-family dwelling shall only be permitted provided all requirements of all codes and ordinances are complied with and shall meet all requirements of Article XV, Schedule of Regulations.
§ 155-17.32 Outdoor sales space for new or used automobiles, recreational vehicles, mobile homes and boats.
[Amended 6-28-2011 by Ord. No. 2011-003]
A.
All lighting shall be shielded from adjacent residential districts.
B.
Ingress and egress to the outdoor sales area shall be at least 20 feet from the intersection of any two streets.
C.
A four-foot wall or solid fence shall be provided when abutting or adjacent districts are zoned or used for residential use. The height of the fence or wall shall be measured from the surface of the ground of the abutting residential district.
D.
No major repair or major refinishing shall be done on the property, unless this use has met the standards and been granted its own special land use as set forth in § 155-17.06, Major automobile service and repair stations.
E.
A suitable building for said use shall be located on the site.
F.
A minimum lot width of 100 feet fronting on a street and containing a minimum of at least 10,000 square feet of area shall be provided.
G.
The provisions of State of Michigan Public Act 300 of 1949 as amended, MCLA § 257.1 et seq., regulating new and used vehicles shall be complied with.
§ 155-17.33 Child-care or day-care centers.
A.
Child-care or day-care centers may be permitted as the principal use of the property or may be permitted as an accessory use to an approved use, such as a church, school, office or other place of employment upon review and approval as a special use.
B.
A valid registration or license as required by the state shall continually be on file with the Village.
C.
The facility shall comply with all applicable building codes.
D.
One parking space per caregiver and/or employee plus off-street dropoff for delivery and pickup of children shall be provided.
E.
The site shall comply with the sign provisions of Article XXI.
F.
The building shall have an appearance which is nonintrusive and consistent in color materials, roofline and architecture with the district in which it is located, as determined by the Village Council.
§ 155-17.34 Mobile home parks.
A.
Site development requirements. The following minimum and maximum standards shall apply to all uses and structures in the Mobile Home Park District.
(1)
Minimum lot area: 10 acres.
(2)
Minimum lot frontage and lot width: 330 feet.
(3)
Maximum height: two stories, but not to exceed 25 feet.
(4)
Mobile home park open space requirements. All mobile home parks having 50 or more mobile home sites shall include dedicated open space. The total amount of land dedicated for open space shall not be less than 2% of the park's gross acreage, or 25,000 square feet of open space, whichever is greater.
(5)
Mobile home site area. All mobile home parks shall be developed with sites comprised of 5,500 square feet per mobile home unit, subject to the following:
(a)
The area requirement for any one site may be reduced by no more than 20% in a one-for-one exchange for area dedicated as open space above and beyond the minimum required 2% open space area required.
(b)
In no case shall the open space and distance requirements be less than that required under Rules 941, 944, and 946 of the Mobile Home Commission General Rules.
(6)
Mobile home construction. All mobile homes constructed after June of 1976 and placed on sites within mobile home parks shall conform with all United States Department of Housing and Urban Development (HUD) mobile home certification requirements. All mobile homes constructed prior to June of 1976 and placed on sites within mobile home parks shall conform to all American National Standards Institute mobile home certification requirements.
(7)
Mobile home park; nonresidential uses. No portion of any mobile home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the mobile home park.
(8)
Home occupations. Home occupations involving any accessory structure shall be prohibited in mobile home parks.
(9)
Skirting. Skirting shall be installed around the entire periphery of a mobile home.
(10)
Applicable provisions of Article XIX, Nonconforming Uses and Structures; Article XX, Off-Street Parking and Loading Requirements; Article XXI, Signs; § 155-23.08, Landscape planting; and other provisions of this chapter as may be applicable shall apply.
B.
Special performance standards.
(1)
Other site development requirements. All mobile home parks shall be constructed and maintained in accordance with PA 96 of 1987 as amended, the Mobile Home Commission Act, MCLA § 125.2301, and the rules and regulations promulgated by the Mobile Home Commission pursuant to the authority vested in the Mobile Home Commission by such Act. The construction of a mobile home park shall not be initiated, nor shall a mobile home park be inhabited or operated until all necessary permits have been acquired from the Michigan Department of Public Health, Michigan Department of Commerce, and all other agencies pursuant to the Mobile Home Commission Act.
§ 155-17.35 Mobile home.
A.
The mobile home shall be associated with a farm enterprise operating on 20 acres or more.
B.
The mobile home shall be used as a primary or secondary residence.
C.
The mobile home shall be located no closer to a roadway than the primary residence or the minimum yard setback of the district.
D.
Not more than one mobile home shall be located on the farm enterprise property.
§ 155-17.36 Planned commercial center.
A.
The following minimum yard setbacks shall apply:
(1)
Front yard: 75 feet.
(2)
Side yards: 60 feet each side yard.
(3)
Rear yard: 60 feet.
B.
Parking is permitted in required front and side yards provided a twenty-foot landscaped, unobstructed greenbelt is provided abutting all streets.
C.
In those instances where the commercial center abuts residential property, either of the following shall be provided to effectively screen the development from the residential area:
(1)
A six-foot high masonry wall; or
(2)
A chain-link fence not less than five foot in height together with a greenbelt not less than 20 feet wide consisting of evergreen planting and deciduous trees and shrubs.
§ 155-17.37 Home occupations.
A.
Home occupations not specifically permitted, or prohibited, may be permitted in all residential districts as a special land use subject to the following procedures and conditions and subject further to all conditions specified in § 155-4.02I:
(1)
The exterior appearance of the structure shall not be altered or the occupations within the residence conducted in a manner which would cause the premises to differ from its residential character.
(2)
No person other than members of the immediate family occupying the dwelling shall be employed.
(3)
The occupations shall occupy no more than 25% of the floor area of the dwelling, or 50% of a detached garage;
(4)
There shall be no outside storage of any kind related to any home occupation.
(5)
The use may not increase vehicular traffic flow and off-street parking as set forth in the off-street parking regulations in Article XX.
(6)
Mechanical or electric equipment employed by the home occupation shall be comparable to the machinery or equipment customarily found in the home associated with a hobby or avocation.
(7)
Only one nameplate shall be allowed, in accordance with the sign regulations at 144 square inches. The sign may display the name of the home occupations, for example, John Doe, Realtor, and must be attached to the principal building.
(8)
No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
§ 155-17.38 Satellite dish antenna.
A.
Satellite dish antennas over 39 inches in diameter in all residential districts.
(1)
Roof-mounted antennas shall be located only on the rear 1/2 of the roof (that portion of the roof furthest from the street upon which the residential building abuts) so that it will be screened from the street side.
(2)
Roof-mounted antennas shall not project upward beyond the height in feet allowed for the main building within the district in which said satellite antennas dish is being placed.
(3)
Ground-mounted antennas shall only be located in the rear yard and shall not extend into any rear extension of required side yards.
(4)
Ground-mounted antennas shall not project upward more than 12 feet.
B.
Satellite dish antennas over 39 inches in diameter in nonresidential districts.
(1)
No ground-mounted antennas shall be permitted.
(2)
Roof-mounted antennas shall not project upward beyond 12 feet measured from the roof upon which it is mounted. The combined height of the building and antennas shall not exceed the maximum allowable height for a building designated for that particular district in which said antenna is to be mounted.
§ 155-17.39 Functional equivalent family; additional persons.
The limit upon the number of persons who may reside as the functional equivalent of the domestic family may be increased or enlarged upon demonstration by the applicant of all the following:
A.
There are adequate provisions on the subject property for off-street parking for each adult proposed to reside on the premises, and adequate storage for each person proposed to reside on premises;
B.
The extent of increase or enlargement of the limit upon the number of persons shall not, when considered cumulatively with existing and reasonably projected population concentration in the area, place an unreasonable burden upon public services, facilities and/or schools.
C.
There shall be a minimum of 150 square feet of usable floor space per person on the premises;
D.
If the Village Council grants an approval under this provision, the determination shall include the specific maximum number of persons authorized to reside on the property, and minimum parking or storage requirements to be maintained.
§ 155-17.40 Reasonable accommodation use.
This section is intended to authorize the grant of relief from the strict terms of the ordinance in order to provide equal housing opportunities particularly suited to the needs of persons entitled to reasonable accommodation under law and to encourage innovation in land use and variety in design and layout. In the event state and federal law, e.g., the Federal Fair Housing Amendment Act of 1988, requires the Village to make "reasonable accommodation" for a particular proposed uses of property, the following shall apply:
A.
As a condition to approval of a reasonable accommodation use, the applicant shall comply with all the terms of this section, and shall demonstrate all of the following:
(1)
The ultimate residential users of the property shall be persons for whom the state or federal law mandates the Village shall make reasonable accommodations in connection with proposed uses of land:
(2)
In consideration of the needs, facts, financial and other conditions within the Village, and within the population to be served by the proposed use, the proposed reasonable accommodation shall be necessary to afford such persons equal opportunity and enjoyment within the Village:
(3)
Approval of the proposed housing shall not require or likely result in a fundamental alteration in the nature of the land use district and neighborhood in which the property is situated, considering cumulative impact of one or more other uses and activities in, or likely to be in the area, and shall not impose undue financial and administrative burden. The interests of the Village shall be balanced against the need for accommodation on a case-by-case basis.
(4)
No other specific provision exists and is available to provide the relief sought.
B.
The application for a reasonable accommodation use shall include the following:
(1)
A plan drawn to scale showing the proposed use and development.
(2)
A separate document providing a summary of the basis on which the applicant asserts entitlement to approval of a reasonable accommodation use, covering each of the requirements of Subsection A(1) through (4) above.
(3)
The information required for site plan review, provided, upon showing by the applicant that the inclusion of specified information generally required for site plan review would be irrelevant, the Village may waive the requirement to include such material in the application.
(4)
All regulations and standards for buildings, structures and site improvements within the district in which the property is situated shall apply.
§ 155-17.41 General hospital.
A.
The proposed site shall have at least one property line abutting a major thoroughfare.
B.
The minimum distance of any main or accessory building from boundary lot lines or streets shall be at least 50 feet for front, rear and side yards for all two story structures. For every story above two the minimum yard distance shall be increased by at least 10 feet.
C.
Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or fence five feet in height. Ingress and egress to the site shall be directly from a major thoroughfare.
D.
All ingress and egress to the off-street parking area, for guests, employees, staff, as well as any other uses of the facilities, shall be from a major thoroughfare.
§ 155-17.42 Nonaccessory signs [1]
[1]
Editor's Note: See § 155-21.08.
§ 155-17.43 Funeral homes.
A.
Adequate assembly area shall be provided for vehicles participating in funeral processions.
B.
Off-street parking shall be provided in accord with § 155-20.02C(15).
C.
Lighting of outdoor parking areas shall be shielded from abutting residential areas.
§ 155-17.44 Equipment sales and service.
A.
The site shall be a minimum of 14,000 square feet in area and have a minimum frontage on two streets. The street designated as the major access side of the site shall have not less than 90 feet of street frontage.
B.
Ingress and egress to the facility shall be only from a paved major thoroughfare or from a shared access drive to such roadway.
C.
No more than two driveways onto a roadway shall be permitted per site. Curb openings for driveways shall not exceed 50 feet and driveway widths shall not exceed 35 feet. Driveways shall be separated by a minimum of 20 feet.
D.
Curb openings shall be no closer than 10 feet to any adjoining lot line and shall be no closer than 20 feet to an intersection, as measured from the right-of-way.
E.
No lot line of the site shall be less than 200 feet from any lot line of any place of public assembly, including, but not limited to, hospitals, sanitariums, schools, churches or other institutions.
F.
All buildings shall be set back not less than 40 feet from all street right-of-way lines.
G.
For facilities with underground storage tanks, the site shall be not less than 300 feet from any residential well, 800 feet from a non-community public water well and 2,000 feet from any public water well or as otherwise required by state or federal law.
H.
All gasoline pumps shall be located not less than 15 feet from any lot line or within 30 feet from the street right-of-way and shall be arranged so that the motor vehicles using them will not be parked on or overhanging any public sidewalk or street right-of-way.
I.
The entire area used for vehicle service shall be hard-surfaced and adequately drained.
§ 155-17.45 Utility grid wind energy system, on-site wind energy system over 20 meters high, and anemometer towers over 20 meters high.
[Added 10-27-2009 by Ord. No. 2009-002]
A utility grid wind energy system, on-site use wind energy system over 20 meters high, and anemometer towers over 20 meters high shall be a special land use and shall meet the following standards in addition to the general special land use standards (§ 155-17.02):
A.
Property setback:
(1)
Anemometer tower setback shall be the greater distance of the following:
(a)
The setback from property lines of the respective zoning district;
(b)
The setback from the road right-of-way; and
(c)
A distance equal to 1 1/2 times the height of the tower from property lines or from the lease unit boundary, which ever is less.
(2)
The utility grid and on-site use wind energy system setback shall be a greater distance than the following:
(a)
The setback from property lines of the respective zoning district;
(b)
The setback from the road right-of-way; and
(c)
A distance equal to 1 1/2 times the height of the tower, including the top of the blade in its vertical position from property lines or from the lease unit boundary, whichever is less.
(3)
An operations and maintenance office building, a substation, or ancillary equipment shall comply with any property setback requirement of the respective zoning district. Overhead transmission lines and power poles shall comply with the setback and placement requirements applicable to public utilities.
B.
Sound pressure level. The sound pressure level shall not exceed 55 dB(A) measured at the property lines or the lease unit boundary, whichever is farther from the source of the noise. This sound pressure level shall not be exceeded for more than three total minutes in any hour of the day. However, if the ambient sound pressure level exceeds 55 dB(A), the sound pressure level that shall not be exceeded shall be ambient dB(A) plus 5 dB(A).
C.
Safety. Shall be designed to prevent unauthorized access to electrical and mechanical components and shall have access doors that are kept securely locked at all times when service personnel are not present. All spent lubricants and cooling fluids shall be properly and safely removed in a timely manner from the site of the wind energy system. A sign shall be posted near the tower or Operations and Maintenance Office building that will contain emergency contact information. Signage placed at the road access shall be used to warn visitors about the potential danger of falling ice. The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal axis rotor.
D.
Post-construction permits. Construction codes, towers, and interconnection standards shall comply with all applicable state construction and electrical codes and local building permit requirements.
E.
Preapplication permits.
(1)
Utility infrastructure shall comply with Federal Aviation Administration (FAA) requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950 as amended, MCLA § 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959, as amended, MCLA § 259.481 et seq.), and local jurisdiction airport overlay zone regulations. The minimum FAA lighting standards shall not be exceeded. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA. Utility grid wind energy systems shall comply with applicable utility, Michigan Public Service Commission, and Federal Energy Regulatory Commission interconnection standards.
(2)
Environment:
(a)
The site plan and other documents and drawings shall show mitigation measures to minimize potential impacts on the natural environment, including, but not limited to, wetlands and other fragile ecosystems, historical and cultural sites, and antiquities, as identified in the environmental analysis.
(b)
Comply with applicable parts of the Michigan Natural Resources and Environmental Protection Act (Act 451 of 1994, MCLA § 324.101 et seq.), including, but not limited to:
[1]
Part 31 Water Resources Protection (MCLA § 324.3101 et seq.);
[2]
Part 91 Soil Erosion and Sedimentation Control (MCLA § 324.9101 et seq.);
[3]
Part 301 Inland Lakes and Streams (MCLA § 324.3101 et seq.);
[4]
Part 303 Wetland Protection (MCLA § 324.30301 et seq.);
[5]
Part 323 Shorelands Protection and Management (MCLA § 324.32301 et seq.);
[6]
Part 325 Great Lakes Submerged Lands (MCLA § 324.32501 et seq.); and
[7]
Part 353 Sand Dune Protection and Management (MCLA § 324.35301 et seq.) as shown by having obtained each respective permit with requirements and limitations of those permits reflected on the site plan.
F.
Performance security. Performance security, pursuant to Article XXXI, § 155-31.06, Performance bonds, of this chapter, shall be provided for the applicant making repairs to public roads damaged by the construction of the wind energy system.
G.
Utilities. Power lines should be placed underground, when feasible, to prevent avian collisions and electrocutions. All aboveground lines, transformers, or conductors should comply with the Avian Power Line Interaction Committee (APLIC, http://www.aplic.org/) published standards to prevent avian mortality.
H.
The following standards apply only to utility grid wind energy systems:
(1)
Visual impact. Utility grid wind energy system projects shall use tubular towers and all utility grid wind energy systems in a project shall be finished in a single, nonreflective matte finished color. A project shall be constructed using wind energy systems of similar design, size, operation, and appearance throughout the project. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades. Nacelles may have lettering that exhibits the manufacturer's and/or owner's identification. The applicant shall avoid state or federal scenic areas and significant visual resources listed in the local unit of government's plan.
(2)
Avian and wildlife impact. Site plan and other documents and drawings shall show mitigation measures to minimize potential impacts on avian and wildlife, as identified in the avian and wildlife impact analysis.
(3)
Shadow flicker. Site plan and other documents and drawings shall show mitigation measures to minimize potential impacts from shadow flicker, as identified in the shadow flicker impact analysis.
(4)
Decommissioning. A Planning Commission approved decommissioning plan indicating the anticipated life of the project, the estimated decommissioning costs net of salvage value in current dollars, the method of ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the project will be decommissioned and the site restored.
(5)
Complaint resolution. A Planning Commission approved process to resolve complaints from nearby residents concerning the construction or operation of the project.
(6)
Electromagnetic interference. No utility grid wind energy system shall be installed in any location where its proximity to existing fixed broadcast, retransmission, or reception antennas for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system. No utility grid wind energy system shall be installed in any location within the line of sight of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference in the link's operation unless the interference is insignificant.
§ 155-17.46 Ground-level apartments.
[Added 2-22-2011 by Ord. No. 2011-002]
A.
Ground-level apartments may be permitted subject to the following:
(1)
ground-level apartments shall only be permitted in properties that are on the perimeter of the CBD Central Business District zone that have a rear or side property yard abutting a residential zoning district.
(2)
Residential unit density shall be no greater than that permitted in the abutting residential zoning district.
(3)
Accessory structures shall comply with all zoning requirements. Setbacks for accessory structures related to the approved ground-level apartment use shall comply with setbacks required for the abutting residential zoning district.
(4)
Ground-level apartment dwellings shall comply with applicable codes and ordinances of the Village, county, and/or state.
(5)
Floor plans drawn to scale for all floors to be utilized for dwelling purposes shall be submitted to the Zoning Administrator.
(6)
Approved smoke detectors shall be provided in each dwelling unit, in common hallways and as otherwise required by the Building Code applicable to the Village.
(7)
Emergency egress lighting shall be provided as required by the Building Code applicable to the Village.
(8)
An approved fire extinguisher shall be provided in the common hallway and required by the Building Code applicable to the Village.
(9)
In those instances where residential uses are proposed to occupy the same floor as a business use, the Planning Commission shall review such mixed use and may approve such mixed use based on findings that compatibility of the business with residential occupancy will occur. Such findings may include, but are not limited to:
(a)
Compatible hours of operation.
(b)
Noise of operation or occupancy that would be detrimental to the business use or residential use.
(c)
Excessive foot traffic.
(10)
Off-street parking shall be provided in accordance with Article XX.