Boyne City City Zoning Code

ARTICLE XXV.

CONDITIONAL USE REQUIREMENTS

Sec. 25.10.- Standards and requirements per conditional use.

Use	Standards and Requirements
Adult foster care group homes	1. The site shall be evaluated for the degree of potential residential and commercial use conflicts. 2. No foster care group home shall be located closer than 1,500 feet to any other foster care group home or foster care family home, measured from the nearest wall of each such structure. 3. No additional facility shall be approved which would contribute to an excessive concentration of foster care group homes within a neighborhood.
Automobile and other vehicle wash establishments	1. A minimum front yard setback of 20 feet shall be required for all structures. 2. Required off-street parking and vehicle waiting areas shall be provided in accordance with article XXIV.
Automotive fueling and service stations, and automotive repair centers	See section 21.46 for detailed regulations.
Bed and breakfast inns, boardinghouses, roominghouses, and lodginghouses	See section 21.68 for detailed regulations.
Breweries, distilleries, canning factories, chemical plants	1. The site shall be evaluated for consideration of potential odor and pollution nuisances.
Cemeteries	1. Sites shall have a minimum lot area of 10 acres. 2. All structures must be a minimum 50 feet from any lot line. 3. The site must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.
Churches, temples, and similar places of worship	1. Sites shall have a minimum lot area of 1 acre. 2. The minimum lot width shall be 100 feet, and the minimum side and rear yards shall be 25 feet. 3. A solid masonry wall, ornamental on both sides and 4 feet in height, or a greenbelt, berm, or buffer strip, shall be provided along the sides of the parking area adjacent to a residential district. 4. The site must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 5. No off-street parking is allowed in any required front yard.
Cocktail lounges and nightclubs	1. Uses are not permitted within 500 feet of any church or school.
Commercial greenhouses, nurseries and garden centers exceeding 1,000 square feet	1. Sites shall have a minimum lot area of 1 acre. 2. All structures must be a minimum of 40 feet from all lot lines. 3. The storage of materials and display areas shall meet all the yard setback requirements applicable to any building in the district. 4. All loading activities and parking areas shall be provided on the same premises off-street. 5. The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.
Commercial outdoor recreation establishments (excluding golf-related uses)	1. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 2. No building or spectator seating facility shall be located within 50 feet of a property line. 3. The site shall be periodically cleared of debris so that litter does not accumulate on adjacent properties. 4. Provisions shall be taken to insure that excessive dust, noise, traffic, lighting glare, and trespassing are not inflicted on adjacent properties.
Convalescent or nursing homes, housing for the elderly	5. The site shall be evaluated for the degree of potential residential and commercial use conflicts. 6. The allowable density of the underlying zoning district may be increased by no more than 50% for all nursing care units licensed by the State of Michigan, or 25% for non-licensed nursing care and supportive care units. 7. All dwelling units shall have a minimum of 450 square feet per unit. 8. Retail and service uses may be permitted on the site if such uses are accessory to the elderly housing use. All such uses shall be within the principal residential building. No exterior signs of any type are permitted for these accessory uses. 9. All medical waste facilities shall be secured and meet the requirements of the Public Health Department of the State of Michigan. 10. Paved walkways shall be provided from the main building entrance(s) to any sidewalks along the adjacent public street.
Drive-in or drive-through establishments	See section 21.64 for detailed regulations.
Essential public service buildings and structures, public utility buildings, telephone exchange buildings, electric transformer stations and substations, gas regulator stations	11. Screening requirements are subject to planning commission approval based on analysis of potential effect upon surrounding properties. 12. No storage yards are permitted in residential districts. 13. Applications must provide evidence of the necessity for the proposed location. 14. Electric or gas regulator equipment and apparatus shall be set back a minimum of 30 feet from all lot lines.
Funeral homes	15. Sites shall have a minimum lot area 1 acre and minimum lot width of 100 feet. 16. An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.
Golf courses ("par-3" courses)	17. Minimum lot size shall be 40 acres. 18. The principal and accessory buildings, including maintenance sheds, shall be set back at least 50 feet from all property and street lines. 19. Accessory buildings, structures and storage areas shall be screened on all sides from adjacent residential areas and public street rights-of-way. 20. Operational hours for maintenance vehicles, course maintenance and/or irrigation may be restricted to protect nearby residential districts.
Home occupations	See the definition of "home occupations" in section 1.40. See also section 21.50 for automotive repair uses.
Hospitals	21—24. Sites shall have a minimum lot area of 2 acres. 25. Front, side and rear yard minimum setbacks shall be 50 feet. 26. Parking setbacks shall be 40 feet in the front yard, and 20 feet for side and rear yards. 27. All structures shall be a minimum of 100 feet from any lot lines of adjacent residentially zoned districts. 28. Ambulance and delivery areas to be obscured from all residential property view with a solid, ornamental masonry wall at least 6 feet in height, or a greenbelt, berm, or buffer strip. 29. Sites must abut a principal regional thoroughfare, with all ingress and egress directly to such thoroughfare. 30. Auxiliary uses, such as a pharmacy, gift shop, cafeteria and similar customary hospital related uses shall be allowed. 31. Parking for professional and outpatient buildings, or sections of a hospital building, shall be calculated as separated uses. Only½ the total number of parking spaces within gated or restricted physician parking lots shall be included in parking calculations.
Junkyards and scrap yards	32. Sites shall have a minimum lot area of 10 acres. 33. A 50-foot wide greenbelt as defined in article XXIII shall adjoin all property lines. 34. A solid, ornamental masonry wall 6 feet in height shall be required at interior boundaries of greenbelt. 35. Junk and scrap materials may not be stacked higher than the height of the screening wall. 36. Vehicles or vehicle bodies shall be stored in rows with a minimum of 20-foot continuous loop drives separating each right-of-way of vehicles. 37. Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the wall enclosing the salvage yard. 38. No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residence, business, or street from a height at the top of the wall enclosing the yard. 39. All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method. 40. The front obscuring wall shall be set back the same distance as a building in the planned industrial district, and all such walls shall be set back a minimum of 500 feet from any residential use or district. 41. In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours, provided that such activities shall not be conducted on Sundays or federally recognized holidays. 42. The planning commission may impose other conditions which have a reasonable relationship to the health, safety and general welfare of the city. These conditions can include a provision for an annual inspection by the city to ensure continuing compliance with the above standards.
Kennels, Commercial	43. Sites shall have a minimum lot area of 2 acres. 44. All outdoor runs or breeding areas to be enclosed on all sides by an solid, ornamental masonry wall, not less than 6 feet in height, and located at least 25 feet from any property line. 45. Building wherein dogs are kept, dog runs, and/or exercise areas shall not be located nearer than 100 feet to an adjacent occupied dwelling or any adjacent building used by the public, and shall not be located in any required front, rear or side yard setback area. 46. Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance such as fencing, soundproofing, or sanitary requirements.
Mechanical amusement device arcades, pinball parlors, or pool halls	1. Sites are not permitted within 500 feet of any church or school.
Mining, excavating or other removal of sand, earth, minerals, etc.	47. All structures and machinery shall be a minimum of 100 feet from all property lines and 200 feet from any residential districts. 48. Submission of a screening plan is required, except for topsoil removal. 49. The applicant shall submit a written statement describing: an indication of the proposed use of the property following the extraction; an approved reclamation plan; documentation that demonstrates to the satisfaction of the city that activities will not produce any serious consequences which will adversely affect the natural topography, drainage patterns, water bodies, floodplains, street conditions, nearby property values or use of adjacent land. 50. Creation of a lake or pond shall only be permitted where the applicant can demonstrate using engineering and hydrological studies that the water can be maintained in a nonpolluted condition, and that the applicant meets any requirements of the State of Michigan. 51. Truck routing shall be restricted to those streets designed to accommodate truck traffic on a year-round basis. 52. A reclamation plan shall be provided indicating final grades which are level with surrounding grades and not in excess of 5% percent unless demonstrably necessary for the proposed reclamation land use. No topsoil shall be removed from the site; topsoil shall be redistributed properly upon completion of the extractive activities, or phase thereof. 53. The site shall be enclosed with a 6-foot security fence with a locking access gate. Such fences shall be placed no closer than 50 feet to the top or bottom of any slope. 54. No slope shall exceed an angle with the horizontal of 45 degrees. 55. No building or structure shall be erected on the site, except as may be permitted in that zoning district or if approved as a temporary structure for machinery or field office. 56. Proper measures shall be utilized to minimize the nuisance of noise and dust or airborne materials, as determined by the planning commission, and may include requirements on stockpiling size and/or covering of stockpiles.
Nursery schools, day nurseries, and child care centers	57. An outdoor play area shall be required of 100 square feet per child cared for, with a total minimum area of 1,500 square feet. 2. An on-site drive shall be provided for drop off/pick ups. This drive shall be arranged to allow maneuvers without affecting traffic flow on the public street.
Open air business uses (see definition in section 1.40)	58. Sites shall have a minimum lot area of 10,000 square feet and a minimum lot width of 100 feet. 59. Sites shall meet any required screening standards required by this zoning ordinance. 60. No exterior lighting shall cause a driving hazard on abutting street, nor be exposed to any adjacent residentially zoned property. 61. A 5-foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises, except as provided otherwise in this zoning ordinance. 62. The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.
Open storage yards of buildings and construction contractors, landscaping contractors, and lumberyards	63. Sites shall be visually screened from all adjoining residential and commercial properties by solid, ornamental masonry wall at least 80 feet in length and 6 feet in height, or a greenbelt, berm, or buffer strip. 64. Any storage or display area shall comply with the minimum setback requirements for the district in which the facility is located and no storage or outside display shall be permitted within any front yard. 65. Any outside storage area shall be paved or surfaced with hard surface material and shall include a stormwater drainage system. 66. Heavy construction equipment such as bulldozers and front-loaders shall not be stored or used on the site. The size of such equipment shall be limited to a one-yard bucket. 67. The storage of soil, fertilizer and similar loosely packaged materials shall be contained and covered to prevent it from blowing into adjacent properties. 68. All stored materials including loosely packaged materials shall not be piled or stacked higher than the height of the obscuring screen within an area of 20 feet from the obscuring screen. Any obscuring screen shall not exceed 6 feet in height.
Outdoor theaters	1. All sites shall have a minimum lot area of 10 acres and all structures shall be a minimum of 100 feet from all lot lines. 2. Screens may not face a principal or regional thoroughfare. 3. Entire sites shall be fenced. 4. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 5. No viewing areas shall be located closer than 40 feet to any lot line.
Private parks, country clubs, golf courses and golf driving ranges	69. Sites shall have a minimum lot area of 5 acres. 70. All structures shall be a minimum of 100 feet from adjacent residentially zoned districts. 71. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 72. Whenever any such use abuts a residential district, a transition strip at least 100 feet in width shall be provided between all operations, buildings and structures, including fences, and the residential property. Grass, plant materials, and structural screens of a type in accordance with article XXIII shall be placed within the transition strip. 73. A minimum yard of 100 feet shall separate all buildings, uses, operations, and structures permitted herein, including fences, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with article XXIII.
Radio and television towers	74. Sites shall have a minimum lot area of 10,000 square feet. 75. Towers shall be located at a distance from each lot line equivalent to or greater than the height of the tower.
Recreation vehicle storage yards	76. Sites shall have a minimum lot area of 1 acre. 77. Storage areas to be enclosed by a chainlink fence 5 feet in height. Additional height may be permitted for barbwire cradling.
Regional shopping centers	78. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 79. The design shall ensure that vehicular circulation patterns are appropriately designed and regulated to eliminate potential conflicts between traffic generated by the center, and traffic on adjacent streets and thoroughfares. 80. Internal circulation shall be designed such that no intersection includes more than 4 aisles or drives. 81. Site entrances shall be restricted to three-way movements, with unrestricted inbound movements. 82. Internal drives defined by the ends of aisles shall have raised curbed islands at appropriate locations to define circulation paths and control movements through the parking lot. 83. Loading facilities which serve the commercial establishment in the principal building shall be screened from public view. 84. Any outlots shall have circulation and parking designed to complement the remainder of the site.
Self-storage warehouses	85. The minimum lot area shall be 3 acres. 86. The minimum building and parking setback shall be 50 feet from any public street right-of-way line, 50 feet setback from any residential district and 25 feet from any nonresidential zoning district. 87. The front yard and any side yards adjacent to residential districts shall include screening and landscaping in accordance with the requirements of this zoning ordinance. 88. All storage shall be completely within enclosed buildings or structures. 89. A structure for a resident manager may be allowed on the site. 90. The use shall be limited to storage only.
Schools, primary and secondary public schools, commercial schools and colleges	91. All play areas adjacent to a residential district must be fenced. 92. Bus and automobile dropoff and pickup drives shall be separate from, and not conflict with, through travel lanes of any street.
Temporary buildings for use incidental to construction work	1. Such uses are allowed for period not to exceed 1 year.
Veterinary clinics and hospitals	93. Outdoor exercising is allowed when the pet is accompanied by an employee provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m. 94. All boarding shall be limited to that incidental to treatment or surgery unless the use has also been approved as a kennel. 95. Outdoor enclosures or runs visible to adjacent residential districts shall be screened with solid, ornamental masonry walls at least 6 feet in height and/or any required landscaping.
Wireless communication facilities	See section 21.80 for detailed standards.

(Ord. of 2-28-2017)

_____

Sec. 25.20. - Effect of requirements.

The requirements noted in this article are in addition to, or, where in conflict, supersede, those general requirements by zoning districts, as indicated in article XIX development plan requirements. For all uses permitted for conditional approval, see the processing requirements in section 2.70, conditional uses in districts.

Boyne City City Zoning Code

ARTICLE XXV.

CONDITIONAL USE REQUIREMENTS

Sec. 25.10.- Standards and requirements per conditional use.

Use	Standards and Requirements
Adult foster care group homes	1. The site shall be evaluated for the degree of potential residential and commercial use conflicts. 2. No foster care group home shall be located closer than 1,500 feet to any other foster care group home or foster care family home, measured from the nearest wall of each such structure. 3. No additional facility shall be approved which would contribute to an excessive concentration of foster care group homes within a neighborhood.
Automobile and other vehicle wash establishments	1. A minimum front yard setback of 20 feet shall be required for all structures. 2. Required off-street parking and vehicle waiting areas shall be provided in accordance with article XXIV.
Automotive fueling and service stations, and automotive repair centers	See section 21.46 for detailed regulations.
Bed and breakfast inns, boardinghouses, roominghouses, and lodginghouses	See section 21.68 for detailed regulations.
Breweries, distilleries, canning factories, chemical plants	1. The site shall be evaluated for consideration of potential odor and pollution nuisances.
Cemeteries	1. Sites shall have a minimum lot area of 10 acres. 2. All structures must be a minimum 50 feet from any lot line. 3. The site must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.
Churches, temples, and similar places of worship	1. Sites shall have a minimum lot area of 1 acre. 2. The minimum lot width shall be 100 feet, and the minimum side and rear yards shall be 25 feet. 3. A solid masonry wall, ornamental on both sides and 4 feet in height, or a greenbelt, berm, or buffer strip, shall be provided along the sides of the parking area adjacent to a residential district. 4. The site must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 5. No off-street parking is allowed in any required front yard.
Cocktail lounges and nightclubs	1. Uses are not permitted within 500 feet of any church or school.
Commercial greenhouses, nurseries and garden centers exceeding 1,000 square feet	1. Sites shall have a minimum lot area of 1 acre. 2. All structures must be a minimum of 40 feet from all lot lines. 3. The storage of materials and display areas shall meet all the yard setback requirements applicable to any building in the district. 4. All loading activities and parking areas shall be provided on the same premises off-street. 5. The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.
Commercial outdoor recreation establishments (excluding golf-related uses)	1. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 2. No building or spectator seating facility shall be located within 50 feet of a property line. 3. The site shall be periodically cleared of debris so that litter does not accumulate on adjacent properties. 4. Provisions shall be taken to insure that excessive dust, noise, traffic, lighting glare, and trespassing are not inflicted on adjacent properties.
Convalescent or nursing homes, housing for the elderly	5. The site shall be evaluated for the degree of potential residential and commercial use conflicts. 6. The allowable density of the underlying zoning district may be increased by no more than 50% for all nursing care units licensed by the State of Michigan, or 25% for non-licensed nursing care and supportive care units. 7. All dwelling units shall have a minimum of 450 square feet per unit. 8. Retail and service uses may be permitted on the site if such uses are accessory to the elderly housing use. All such uses shall be within the principal residential building. No exterior signs of any type are permitted for these accessory uses. 9. All medical waste facilities shall be secured and meet the requirements of the Public Health Department of the State of Michigan. 10. Paved walkways shall be provided from the main building entrance(s) to any sidewalks along the adjacent public street.
Drive-in or drive-through establishments	See section 21.64 for detailed regulations.
Essential public service buildings and structures, public utility buildings, telephone exchange buildings, electric transformer stations and substations, gas regulator stations	11. Screening requirements are subject to planning commission approval based on analysis of potential effect upon surrounding properties. 12. No storage yards are permitted in residential districts. 13. Applications must provide evidence of the necessity for the proposed location. 14. Electric or gas regulator equipment and apparatus shall be set back a minimum of 30 feet from all lot lines.
Funeral homes	15. Sites shall have a minimum lot area 1 acre and minimum lot width of 100 feet. 16. An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.
Golf courses ("par-3" courses)	17. Minimum lot size shall be 40 acres. 18. The principal and accessory buildings, including maintenance sheds, shall be set back at least 50 feet from all property and street lines. 19. Accessory buildings, structures and storage areas shall be screened on all sides from adjacent residential areas and public street rights-of-way. 20. Operational hours for maintenance vehicles, course maintenance and/or irrigation may be restricted to protect nearby residential districts.
Home occupations	See the definition of "home occupations" in section 1.40. See also section 21.50 for automotive repair uses.
Hospitals	21—24. Sites shall have a minimum lot area of 2 acres. 25. Front, side and rear yard minimum setbacks shall be 50 feet. 26. Parking setbacks shall be 40 feet in the front yard, and 20 feet for side and rear yards. 27. All structures shall be a minimum of 100 feet from any lot lines of adjacent residentially zoned districts. 28. Ambulance and delivery areas to be obscured from all residential property view with a solid, ornamental masonry wall at least 6 feet in height, or a greenbelt, berm, or buffer strip. 29. Sites must abut a principal regional thoroughfare, with all ingress and egress directly to such thoroughfare. 30. Auxiliary uses, such as a pharmacy, gift shop, cafeteria and similar customary hospital related uses shall be allowed. 31. Parking for professional and outpatient buildings, or sections of a hospital building, shall be calculated as separated uses. Only½ the total number of parking spaces within gated or restricted physician parking lots shall be included in parking calculations.
Junkyards and scrap yards	32. Sites shall have a minimum lot area of 10 acres. 33. A 50-foot wide greenbelt as defined in article XXIII shall adjoin all property lines. 34. A solid, ornamental masonry wall 6 feet in height shall be required at interior boundaries of greenbelt. 35. Junk and scrap materials may not be stacked higher than the height of the screening wall. 36. Vehicles or vehicle bodies shall be stored in rows with a minimum of 20-foot continuous loop drives separating each right-of-way of vehicles. 37. Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the wall enclosing the salvage yard. 38. No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residence, business, or street from a height at the top of the wall enclosing the yard. 39. All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method. 40. The front obscuring wall shall be set back the same distance as a building in the planned industrial district, and all such walls shall be set back a minimum of 500 feet from any residential use or district. 41. In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours, provided that such activities shall not be conducted on Sundays or federally recognized holidays. 42. The planning commission may impose other conditions which have a reasonable relationship to the health, safety and general welfare of the city. These conditions can include a provision for an annual inspection by the city to ensure continuing compliance with the above standards.
Kennels, Commercial	43. Sites shall have a minimum lot area of 2 acres. 44. All outdoor runs or breeding areas to be enclosed on all sides by an solid, ornamental masonry wall, not less than 6 feet in height, and located at least 25 feet from any property line. 45. Building wherein dogs are kept, dog runs, and/or exercise areas shall not be located nearer than 100 feet to an adjacent occupied dwelling or any adjacent building used by the public, and shall not be located in any required front, rear or side yard setback area. 46. Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance such as fencing, soundproofing, or sanitary requirements.
Mechanical amusement device arcades, pinball parlors, or pool halls	1. Sites are not permitted within 500 feet of any church or school.
Mining, excavating or other removal of sand, earth, minerals, etc.	47. All structures and machinery shall be a minimum of 100 feet from all property lines and 200 feet from any residential districts. 48. Submission of a screening plan is required, except for topsoil removal. 49. The applicant shall submit a written statement describing: an indication of the proposed use of the property following the extraction; an approved reclamation plan; documentation that demonstrates to the satisfaction of the city that activities will not produce any serious consequences which will adversely affect the natural topography, drainage patterns, water bodies, floodplains, street conditions, nearby property values or use of adjacent land. 50. Creation of a lake or pond shall only be permitted where the applicant can demonstrate using engineering and hydrological studies that the water can be maintained in a nonpolluted condition, and that the applicant meets any requirements of the State of Michigan. 51. Truck routing shall be restricted to those streets designed to accommodate truck traffic on a year-round basis. 52. A reclamation plan shall be provided indicating final grades which are level with surrounding grades and not in excess of 5% percent unless demonstrably necessary for the proposed reclamation land use. No topsoil shall be removed from the site; topsoil shall be redistributed properly upon completion of the extractive activities, or phase thereof. 53. The site shall be enclosed with a 6-foot security fence with a locking access gate. Such fences shall be placed no closer than 50 feet to the top or bottom of any slope. 54. No slope shall exceed an angle with the horizontal of 45 degrees. 55. No building or structure shall be erected on the site, except as may be permitted in that zoning district or if approved as a temporary structure for machinery or field office. 56. Proper measures shall be utilized to minimize the nuisance of noise and dust or airborne materials, as determined by the planning commission, and may include requirements on stockpiling size and/or covering of stockpiles.
Nursery schools, day nurseries, and child care centers	57. An outdoor play area shall be required of 100 square feet per child cared for, with a total minimum area of 1,500 square feet. 2. An on-site drive shall be provided for drop off/pick ups. This drive shall be arranged to allow maneuvers without affecting traffic flow on the public street.
Open air business uses (see definition in section 1.40)	58. Sites shall have a minimum lot area of 10,000 square feet and a minimum lot width of 100 feet. 59. Sites shall meet any required screening standards required by this zoning ordinance. 60. No exterior lighting shall cause a driving hazard on abutting street, nor be exposed to any adjacent residentially zoned property. 61. A 5-foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises, except as provided otherwise in this zoning ordinance. 62. The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.
Open storage yards of buildings and construction contractors, landscaping contractors, and lumberyards	63. Sites shall be visually screened from all adjoining residential and commercial properties by solid, ornamental masonry wall at least 80 feet in length and 6 feet in height, or a greenbelt, berm, or buffer strip. 64. Any storage or display area shall comply with the minimum setback requirements for the district in which the facility is located and no storage or outside display shall be permitted within any front yard. 65. Any outside storage area shall be paved or surfaced with hard surface material and shall include a stormwater drainage system. 66. Heavy construction equipment such as bulldozers and front-loaders shall not be stored or used on the site. The size of such equipment shall be limited to a one-yard bucket. 67. The storage of soil, fertilizer and similar loosely packaged materials shall be contained and covered to prevent it from blowing into adjacent properties. 68. All stored materials including loosely packaged materials shall not be piled or stacked higher than the height of the obscuring screen within an area of 20 feet from the obscuring screen. Any obscuring screen shall not exceed 6 feet in height.
Outdoor theaters	1. All sites shall have a minimum lot area of 10 acres and all structures shall be a minimum of 100 feet from all lot lines. 2. Screens may not face a principal or regional thoroughfare. 3. Entire sites shall be fenced. 4. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 5. No viewing areas shall be located closer than 40 feet to any lot line.
Private parks, country clubs, golf courses and golf driving ranges	69. Sites shall have a minimum lot area of 5 acres. 70. All structures shall be a minimum of 100 feet from adjacent residentially zoned districts. 71. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 72. Whenever any such use abuts a residential district, a transition strip at least 100 feet in width shall be provided between all operations, buildings and structures, including fences, and the residential property. Grass, plant materials, and structural screens of a type in accordance with article XXIII shall be placed within the transition strip. 73. A minimum yard of 100 feet shall separate all buildings, uses, operations, and structures permitted herein, including fences, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with article XXIII.
Radio and television towers	74. Sites shall have a minimum lot area of 10,000 square feet. 75. Towers shall be located at a distance from each lot line equivalent to or greater than the height of the tower.
Recreation vehicle storage yards	76. Sites shall have a minimum lot area of 1 acre. 77. Storage areas to be enclosed by a chainlink fence 5 feet in height. Additional height may be permitted for barbwire cradling.
Regional shopping centers	78. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 79. The design shall ensure that vehicular circulation patterns are appropriately designed and regulated to eliminate potential conflicts between traffic generated by the center, and traffic on adjacent streets and thoroughfares. 80. Internal circulation shall be designed such that no intersection includes more than 4 aisles or drives. 81. Site entrances shall be restricted to three-way movements, with unrestricted inbound movements. 82. Internal drives defined by the ends of aisles shall have raised curbed islands at appropriate locations to define circulation paths and control movements through the parking lot. 83. Loading facilities which serve the commercial establishment in the principal building shall be screened from public view. 84. Any outlots shall have circulation and parking designed to complement the remainder of the site.
Self-storage warehouses	85. The minimum lot area shall be 3 acres. 86. The minimum building and parking setback shall be 50 feet from any public street right-of-way line, 50 feet setback from any residential district and 25 feet from any nonresidential zoning district. 87. The front yard and any side yards adjacent to residential districts shall include screening and landscaping in accordance with the requirements of this zoning ordinance. 88. All storage shall be completely within enclosed buildings or structures. 89. A structure for a resident manager may be allowed on the site. 90. The use shall be limited to storage only.
Schools, primary and secondary public schools, commercial schools and colleges	91. All play areas adjacent to a residential district must be fenced. 92. Bus and automobile dropoff and pickup drives shall be separate from, and not conflict with, through travel lanes of any street.
Temporary buildings for use incidental to construction work	1. Such uses are allowed for period not to exceed 1 year.
Veterinary clinics and hospitals	93. Outdoor exercising is allowed when the pet is accompanied by an employee provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m. 94. All boarding shall be limited to that incidental to treatment or surgery unless the use has also been approved as a kennel. 95. Outdoor enclosures or runs visible to adjacent residential districts shall be screened with solid, ornamental masonry walls at least 6 feet in height and/or any required landscaping.
Wireless communication facilities	See section 21.80 for detailed standards.

(Ord. of 2-28-2017)

_____

Sec. 25.20. - Effect of requirements.

Boyne City City Zoning Code

ARTICLE XXV.

CONDITIONAL USE REQUIREMENTS

Sec. 25.10.- Standards and requirements per conditional use.

Use	Standards and Requirements
Adult foster care group homes	1. The site shall be evaluated for the degree of potential residential and commercial use conflicts. 2. No foster care group home shall be located closer than 1,500 feet to any other foster care group home or foster care family home, measured from the nearest wall of each such structure. 3. No additional facility shall be approved which would contribute to an excessive concentration of foster care group homes within a neighborhood.
Automobile and other vehicle wash establishments	1. A minimum front yard setback of 20 feet shall be required for all structures. 2. Required off-street parking and vehicle waiting areas shall be provided in accordance with article XXIV.
Automotive fueling and service stations, and automotive repair centers	See section 21.46 for detailed regulations.
Bed and breakfast inns, boardinghouses, roominghouses, and lodginghouses	See section 21.68 for detailed regulations.
Breweries, distilleries, canning factories, chemical plants	1. The site shall be evaluated for consideration of potential odor and pollution nuisances.
Cemeteries	1. Sites shall have a minimum lot area of 10 acres. 2. All structures must be a minimum 50 feet from any lot line. 3. The site must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.
Churches, temples, and similar places of worship	1. Sites shall have a minimum lot area of 1 acre. 2. The minimum lot width shall be 100 feet, and the minimum side and rear yards shall be 25 feet. 3. A solid masonry wall, ornamental on both sides and 4 feet in height, or a greenbelt, berm, or buffer strip, shall be provided along the sides of the parking area adjacent to a residential district. 4. The site must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 5. No off-street parking is allowed in any required front yard.
Cocktail lounges and nightclubs	1. Uses are not permitted within 500 feet of any church or school.
Commercial greenhouses, nurseries and garden centers exceeding 1,000 square feet	1. Sites shall have a minimum lot area of 1 acre. 2. All structures must be a minimum of 40 feet from all lot lines. 3. The storage of materials and display areas shall meet all the yard setback requirements applicable to any building in the district. 4. All loading activities and parking areas shall be provided on the same premises off-street. 5. The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.
Commercial outdoor recreation establishments (excluding golf-related uses)	1. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 2. No building or spectator seating facility shall be located within 50 feet of a property line. 3. The site shall be periodically cleared of debris so that litter does not accumulate on adjacent properties. 4. Provisions shall be taken to insure that excessive dust, noise, traffic, lighting glare, and trespassing are not inflicted on adjacent properties.
Convalescent or nursing homes, housing for the elderly	5. The site shall be evaluated for the degree of potential residential and commercial use conflicts. 6. The allowable density of the underlying zoning district may be increased by no more than 50% for all nursing care units licensed by the State of Michigan, or 25% for non-licensed nursing care and supportive care units. 7. All dwelling units shall have a minimum of 450 square feet per unit. 8. Retail and service uses may be permitted on the site if such uses are accessory to the elderly housing use. All such uses shall be within the principal residential building. No exterior signs of any type are permitted for these accessory uses. 9. All medical waste facilities shall be secured and meet the requirements of the Public Health Department of the State of Michigan. 10. Paved walkways shall be provided from the main building entrance(s) to any sidewalks along the adjacent public street.
Drive-in or drive-through establishments	See section 21.64 for detailed regulations.
Essential public service buildings and structures, public utility buildings, telephone exchange buildings, electric transformer stations and substations, gas regulator stations	11. Screening requirements are subject to planning commission approval based on analysis of potential effect upon surrounding properties. 12. No storage yards are permitted in residential districts. 13. Applications must provide evidence of the necessity for the proposed location. 14. Electric or gas regulator equipment and apparatus shall be set back a minimum of 30 feet from all lot lines.
Funeral homes	15. Sites shall have a minimum lot area 1 acre and minimum lot width of 100 feet. 16. An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.
Golf courses ("par-3" courses)	17. Minimum lot size shall be 40 acres. 18. The principal and accessory buildings, including maintenance sheds, shall be set back at least 50 feet from all property and street lines. 19. Accessory buildings, structures and storage areas shall be screened on all sides from adjacent residential areas and public street rights-of-way. 20. Operational hours for maintenance vehicles, course maintenance and/or irrigation may be restricted to protect nearby residential districts.
Home occupations	See the definition of "home occupations" in section 1.40. See also section 21.50 for automotive repair uses.
Hospitals	21—24. Sites shall have a minimum lot area of 2 acres. 25. Front, side and rear yard minimum setbacks shall be 50 feet. 26. Parking setbacks shall be 40 feet in the front yard, and 20 feet for side and rear yards. 27. All structures shall be a minimum of 100 feet from any lot lines of adjacent residentially zoned districts. 28. Ambulance and delivery areas to be obscured from all residential property view with a solid, ornamental masonry wall at least 6 feet in height, or a greenbelt, berm, or buffer strip. 29. Sites must abut a principal regional thoroughfare, with all ingress and egress directly to such thoroughfare. 30. Auxiliary uses, such as a pharmacy, gift shop, cafeteria and similar customary hospital related uses shall be allowed. 31. Parking for professional and outpatient buildings, or sections of a hospital building, shall be calculated as separated uses. Only½ the total number of parking spaces within gated or restricted physician parking lots shall be included in parking calculations.
Junkyards and scrap yards	32. Sites shall have a minimum lot area of 10 acres. 33. A 50-foot wide greenbelt as defined in article XXIII shall adjoin all property lines. 34. A solid, ornamental masonry wall 6 feet in height shall be required at interior boundaries of greenbelt. 35. Junk and scrap materials may not be stacked higher than the height of the screening wall. 36. Vehicles or vehicle bodies shall be stored in rows with a minimum of 20-foot continuous loop drives separating each right-of-way of vehicles. 37. Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the wall enclosing the salvage yard. 38. No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residence, business, or street from a height at the top of the wall enclosing the yard. 39. All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method. 40. The front obscuring wall shall be set back the same distance as a building in the planned industrial district, and all such walls shall be set back a minimum of 500 feet from any residential use or district. 41. In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours, provided that such activities shall not be conducted on Sundays or federally recognized holidays. 42. The planning commission may impose other conditions which have a reasonable relationship to the health, safety and general welfare of the city. These conditions can include a provision for an annual inspection by the city to ensure continuing compliance with the above standards.
Kennels, Commercial	43. Sites shall have a minimum lot area of 2 acres. 44. All outdoor runs or breeding areas to be enclosed on all sides by an solid, ornamental masonry wall, not less than 6 feet in height, and located at least 25 feet from any property line. 45. Building wherein dogs are kept, dog runs, and/or exercise areas shall not be located nearer than 100 feet to an adjacent occupied dwelling or any adjacent building used by the public, and shall not be located in any required front, rear or side yard setback area. 46. Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance such as fencing, soundproofing, or sanitary requirements.
Mechanical amusement device arcades, pinball parlors, or pool halls	1. Sites are not permitted within 500 feet of any church or school.
Mining, excavating or other removal of sand, earth, minerals, etc.	47. All structures and machinery shall be a minimum of 100 feet from all property lines and 200 feet from any residential districts. 48. Submission of a screening plan is required, except for topsoil removal. 49. The applicant shall submit a written statement describing: an indication of the proposed use of the property following the extraction; an approved reclamation plan; documentation that demonstrates to the satisfaction of the city that activities will not produce any serious consequences which will adversely affect the natural topography, drainage patterns, water bodies, floodplains, street conditions, nearby property values or use of adjacent land. 50. Creation of a lake or pond shall only be permitted where the applicant can demonstrate using engineering and hydrological studies that the water can be maintained in a nonpolluted condition, and that the applicant meets any requirements of the State of Michigan. 51. Truck routing shall be restricted to those streets designed to accommodate truck traffic on a year-round basis. 52. A reclamation plan shall be provided indicating final grades which are level with surrounding grades and not in excess of 5% percent unless demonstrably necessary for the proposed reclamation land use. No topsoil shall be removed from the site; topsoil shall be redistributed properly upon completion of the extractive activities, or phase thereof. 53. The site shall be enclosed with a 6-foot security fence with a locking access gate. Such fences shall be placed no closer than 50 feet to the top or bottom of any slope. 54. No slope shall exceed an angle with the horizontal of 45 degrees. 55. No building or structure shall be erected on the site, except as may be permitted in that zoning district or if approved as a temporary structure for machinery or field office. 56. Proper measures shall be utilized to minimize the nuisance of noise and dust or airborne materials, as determined by the planning commission, and may include requirements on stockpiling size and/or covering of stockpiles.
Nursery schools, day nurseries, and child care centers	57. An outdoor play area shall be required of 100 square feet per child cared for, with a total minimum area of 1,500 square feet. 2. An on-site drive shall be provided for drop off/pick ups. This drive shall be arranged to allow maneuvers without affecting traffic flow on the public street.
Open air business uses (see definition in section 1.40)	58. Sites shall have a minimum lot area of 10,000 square feet and a minimum lot width of 100 feet. 59. Sites shall meet any required screening standards required by this zoning ordinance. 60. No exterior lighting shall cause a driving hazard on abutting street, nor be exposed to any adjacent residentially zoned property. 61. A 5-foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises, except as provided otherwise in this zoning ordinance. 62. The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.
Open storage yards of buildings and construction contractors, landscaping contractors, and lumberyards	63. Sites shall be visually screened from all adjoining residential and commercial properties by solid, ornamental masonry wall at least 80 feet in length and 6 feet in height, or a greenbelt, berm, or buffer strip. 64. Any storage or display area shall comply with the minimum setback requirements for the district in which the facility is located and no storage or outside display shall be permitted within any front yard. 65. Any outside storage area shall be paved or surfaced with hard surface material and shall include a stormwater drainage system. 66. Heavy construction equipment such as bulldozers and front-loaders shall not be stored or used on the site. The size of such equipment shall be limited to a one-yard bucket. 67. The storage of soil, fertilizer and similar loosely packaged materials shall be contained and covered to prevent it from blowing into adjacent properties. 68. All stored materials including loosely packaged materials shall not be piled or stacked higher than the height of the obscuring screen within an area of 20 feet from the obscuring screen. Any obscuring screen shall not exceed 6 feet in height.
Outdoor theaters	1. All sites shall have a minimum lot area of 10 acres and all structures shall be a minimum of 100 feet from all lot lines. 2. Screens may not face a principal or regional thoroughfare. 3. Entire sites shall be fenced. 4. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 5. No viewing areas shall be located closer than 40 feet to any lot line.
Private parks, country clubs, golf courses and golf driving ranges	69. Sites shall have a minimum lot area of 5 acres. 70. All structures shall be a minimum of 100 feet from adjacent residentially zoned districts. 71. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 72. Whenever any such use abuts a residential district, a transition strip at least 100 feet in width shall be provided between all operations, buildings and structures, including fences, and the residential property. Grass, plant materials, and structural screens of a type in accordance with article XXIII shall be placed within the transition strip. 73. A minimum yard of 100 feet shall separate all buildings, uses, operations, and structures permitted herein, including fences, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with article XXIII.
Radio and television towers	74. Sites shall have a minimum lot area of 10,000 square feet. 75. Towers shall be located at a distance from each lot line equivalent to or greater than the height of the tower.
Recreation vehicle storage yards	76. Sites shall have a minimum lot area of 1 acre. 77. Storage areas to be enclosed by a chainlink fence 5 feet in height. Additional height may be permitted for barbwire cradling.
Regional shopping centers	78. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare. 79. The design shall ensure that vehicular circulation patterns are appropriately designed and regulated to eliminate potential conflicts between traffic generated by the center, and traffic on adjacent streets and thoroughfares. 80. Internal circulation shall be designed such that no intersection includes more than 4 aisles or drives. 81. Site entrances shall be restricted to three-way movements, with unrestricted inbound movements. 82. Internal drives defined by the ends of aisles shall have raised curbed islands at appropriate locations to define circulation paths and control movements through the parking lot. 83. Loading facilities which serve the commercial establishment in the principal building shall be screened from public view. 84. Any outlots shall have circulation and parking designed to complement the remainder of the site.
Self-storage warehouses	85. The minimum lot area shall be 3 acres. 86. The minimum building and parking setback shall be 50 feet from any public street right-of-way line, 50 feet setback from any residential district and 25 feet from any nonresidential zoning district. 87. The front yard and any side yards adjacent to residential districts shall include screening and landscaping in accordance with the requirements of this zoning ordinance. 88. All storage shall be completely within enclosed buildings or structures. 89. A structure for a resident manager may be allowed on the site. 90. The use shall be limited to storage only.
Schools, primary and secondary public schools, commercial schools and colleges	91. All play areas adjacent to a residential district must be fenced. 92. Bus and automobile dropoff and pickup drives shall be separate from, and not conflict with, through travel lanes of any street.
Temporary buildings for use incidental to construction work	1. Such uses are allowed for period not to exceed 1 year.
Veterinary clinics and hospitals	93. Outdoor exercising is allowed when the pet is accompanied by an employee provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m. 94. All boarding shall be limited to that incidental to treatment or surgery unless the use has also been approved as a kennel. 95. Outdoor enclosures or runs visible to adjacent residential districts shall be screened with solid, ornamental masonry walls at least 6 feet in height and/or any required landscaping.
Wireless communication facilities	See section 21.80 for detailed standards.

(Ord. of 2-28-2017)

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