This article provides a set of procedures and standards for special uses of land or structures, which, because of their unique characteristics, require special consideration, in relation to the welfare of adjacent properties and the community as a whole. The regulations and standards, herein, are designed to allow, on one hand, practical latitude for the investor or developer, but at the same time maintain adequate provision for the protection of the health, safety, convenience and general welfare of the community. For the purposes of this chapter, the following land uses and any additional uses cited in the various zoning districts are subject to the conditions of this article:

(1)

Accessory apartments.

(2)

Airports and landing fields.

(3)

Amusement parks.

(4)

Auto service stations.

(5)

Boardinghouses and multiple-family dwellings.

(6)

Building supply and equipment establishments.

(7)

Cemeteries.

(8)

Childcare facilities and institutions:

a.

Childcare: Foster family group home.

b.

Childcare: Group child day care home.

c.

Childcare: Childcare center.

d.

Childcare: Childcare institution.

(9)

Churches.

(10)

Commercial recreational facilities, such as:

a.

Indoor theatres;

b.

Bowling alleys;

c.

Indoor skating rinks; or

d.

Similar uses.

(11)

Drive-in and drive-through businesses:

a.

Drive-through banks and dry-cleaning establishments.

b.

Drive-through restaurants.

c.

Drive-in theaters.

(12)

Golf courses and country clubs.

(13)

Hospitals, clinics, or convalescent homes, but not including institutions for:

a.

The mentally challenged;

b.

Special needs;

c.

Drug or alcoholic patients; or

d.

Correctional institutions of any type.

(14)

Housing for seasonal labor.

(15)

Junkyards and salvage yards.

(16)

Kennels, veterinary hospitals and animal clinics.

(17)

Manufacturing, compounding, processing, packaging, treating, assembly and bulk storage of certain products:

a.

Chemical products.

b.

Rubber.

c.

Stone, clay, glass, cement, brick, pottery, abrasives and tile.

d.

Primary metal.

e.

Fabricated metal.

(18)

Mortuaries and funeral homes.

(19)

Municipal buildings, utility buildings and service installations.

(20)

Outdoor storage.

(21)

Par 3 golf, miniature golf and driving ranges.

(22)

Parking lots, including municipal and private facilities not directly associated with a principal use.

(23)

Petroleum refining, paving and roofing materials.

(24)

Planned unit development.

(25)

Private noncommercial recreation.

(26)

Public garages and automobile repair establishments when all activities are conducted within a completely enclosed building.

(27)

Pulp and paper manufacturing.

(28)

Radio and television transmitters and relay stations.

(29)

Rail yards.

(30)

The raising of fur-bearing animals and game birds.

(31)

Recreational camps and campgrounds.

(32)

Residential uses in B-2 and B-3 districts without frontage on Main Street.

(33)

Retail businesses of equal to or greater than 10,000 square feet.

(34)

Restaurants.

(35)

Riding and breeding stables.

(36)

Sand, gravel and mineral extraction.

(37)

Schools or colleges, public or private.

(38)

Sexually oriented businesses.

(39)

Slaughterhouses and rendering plants.

(40)

Warehouses selling retail on premises.

(41)

Waste disposal facilities.

(42)

Waste treatment facilities.

(43)

Water supply and treatment facilities.

(44)

Wireless communication facilities.

(Code 2009, § 40-569; Ord. No. 53-A, § 19.01, 8-16-1982; Ord. of 6-11-1987, § 19.01(T), (QQ); Ord. No. 78, § 1, 11-10-1994; Ord. No. 90, § 3, 8-17-1999; Ord. No. 126, § 1, 8-12-2004; Ord. No. 134, § 1, 11-10-2005; Ord. No. 149, § 1, 9-13-2007; Ord. No. 156, § 1(19.01), 7-9-2009; Ord. No. 171, § 1, 7-11-2013)

The application for a special land use shall be submitted and processed in accordance with the following:

(1)

An application shall be submitted to the zoning administrator. Each application shall be accompanied by the payment of a fee as established by the city council. In the event both rezoning and special land use approvals are required for a proposed use, both requests may be submitted jointly subject to the following:

a.

The application procedures for each shall be followed as specified.

b.

All applicable standards and specifications required by this chapter shall be observed.

(2)

The following is required for all special land use requests:

a.

The application form, completed in full, including a statement that section 32-693 can be complied with.

b.

A complete site plan as specified in section 32-67. However, for a special land use which is proposed to occupy an existing building and if such special land use does not require additional parking spaces as may be required by this chapter, then the site plan need only comply with the requirements for sketch plan review as set forth in section 32-66(c).

(3)

The application and all required information shall be forwarded to the planning commission for review. The planning commission shall then hold a public hearing, with notice as required by section 32-44.

(4)

The planning commission shall approve, deny, or approve with conditions the special land use request and incorporate the reasons for such decision and any conditions which are to be imposed.

(5)

Special land use approval granted in accordance with this article shall be valid for one year from the date of such approval. If construction has not commenced and proceeded meaningfully toward completion by the end of this one-year period, the zoning administrator shall notify the applicant in writing of the expiration of said approval.

(6)

The planning commission shall have the authority to revoke any special land use approval following a public hearing after it has been shown that the applicant has failed to comply with any of the applicable requirements of this article or any other section of this chapter.

(Code 2009, § 40-570; Ord. No. 206, § 1, 4-12-2018)

Prior to making a decision about a special land use, the planning commission shall require that the following general standards, in addition to any requirements for a specific use that may be contained in section 32-694, be satisfied:

(1)

Each application shall be reviewed for the purpose of determining that the proposed use meets the following standards and, in addition, that each use of the proposed site will:

a.

Be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed.

b.

Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, or schools.

c.

Not create excessive additional requirements at public cost for public facilities and services.

d.

Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

e.

Be consistent with the intent and purpose of the zoning district in which it is proposed to locate such use.

(2)

The planning commission may stipulate such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this chapter will be observed. The breach of any condition, safeguard, or requirement shall automatically invalidate the granting of the special land use approval.

(3)

The application and all required information shall be forwarded to the planning commission for review. The planning commission shall then hold a public hearing, with notice as required by section 32-44.

(4)

All applicable licensing ordinances shall be complied with.

(5)

Waivers from the requirements of this chapter may be requested from the city during review of any special land use. Waivers may be granted to permit reasonable flexibility in the application of sections 32-695 through 32-700 during review of special land uses which, by way of the required review process, will receive adequate review during a public hearing by the city. Waivers shall be reviewed on a case-by-case basis considering existing site conditions, previous use of the site and appropriate application of the standards in this chapter necessary to protect surrounding uses as follows:

a.

Waiver requests shall be submitted in writing, accompanied by a site plan that clearly shows the requested waiver. A narrative shall be submitted stating how the deviation conforms to the following standards of review:

1.

The waiver preserves the purpose and intent of the city's master plan and the zoning district in which it is located.

2.

The waiver is necessary to improve site circulation, preserve natural features, or to provide for a higher standard of landscaping, architecture or site design.

3.

The waiver is necessary due to a condition related to the site, rather than simply as a means to reduce costs or as a matter of general convenience.

4.

The waiver will not give relief of a standard or regulation that is necessary to protect the surrounding land uses and the general public from potential nuisance or other detrimental effects.

5.

The waiver is not being requested from any general provision of this chapter that would otherwise require a variance from the zoning board of appeals.

6.

The waiver is not contrary to the intended purpose for which the regulation was enacted.

b.

Waiver requests must be submitted in advance of a public hearing to consider the special approval use. Requests made after the public hearing is held will require additional public notice as required for all public hearings.

c.

The city shall consider the above standards when reviewing waiver requests and may attach any reasonable conditions to the proposed use. Approved waivers shall be recorded in the official record and included in any agreements.

(Code 2009, § 40-571; Ord. No. 171, § 1, 7-11-2013)

Those uses specified in section 32-691, as permitted by special land use approval in accordance with this chapter, shall be subject to the requirements of that district in which such use is located in addition to all applicable conditions, standards and regulations regarding site design and development as are cited in sections 32-695 through 32-700.

(Code 2009, § 40-572; Ord. No. 53-A, § 19.04, 8-16-1982; Ord. No. 78, § 1, 11-10-1994; Ord. No. 90, § 3, 8-17-1999; Ord. No. 105, § 5, 11-9-2000; Ord. No. 171, § 1, 7-11-2013)

(a)

Accessory apartments.

(1)

The accessory apartment shall be a complete housekeeping unit, containing kitchen and bathroom facilities.

(2)

The accessory apartment and commercial use shall be attached by a common wall, ceiling, or floor and shall be contained within a single building.

(3)

A minimum of two paved parking spaces shall be provided for each apartment which shall be located on private property or leased from the city and within 100 feet of the premises.

(4)

The accessory apartment shall be installed or constructed so that the appearance of the building complies with the city's Guidelines and Standards for Facade Improvements (adopted 2006).

(5)

Exterior doorways constructed to serve the accessory apartment shall be, where possible, located on the side or rear of the building.

(6)

Stairs servicing an accessory apartment shall be fully enclosed. The use of plywood, sheet metal or other materials not consistent with the character of the building are prohibited.

(7)

A minimum of 30 percent of the front face of the structure shall be windows. Side and rear windows may be required by the planning commission to provide adequate cross ventilation as recommended by the building inspector. A lesser percentage of windows in the front face of the structure may be permitted if the majority opinion of the planning commission (subject to approval of the building inspector) states that in their judgment the proposed reduced area will not have a detrimental impact on the character of the building, its primary commercial use, and adjacent structures and uses in the central business district.

(8)

The accessory apartment unit shall contain not less than the standards established in section 32-474 for required floor area, except that efficiency apartments shall not be permitted.

(9)

The accessory apartment shall be occupied within 12 months of the issuance of the special land use permit.

(10)

Basement apartments are prohibited.

(11)

All private vehicle access drives, alleys and parking spaces shall be paved and properly drained in accordance with city standards.

(12)

The accessory apartment shall have a dishwasher, central air conditioning, clothes washer and clothes dryer.

(13)

The accessory apartment will be provided with trash removal services and a screened on-site dumpster for use by the accessory apartment and other building occupants.

(b)

Airports and landing fields.

(1)

Minimum parcel size shall be 40 acres.

(2)

No commercial activity shall be permitted except those uses which are directly related to aviation, such as:

a.

Flight schools;

b.

Aircraft sales and rental;

c.

Hangar rental; and

d.

Car leasing.

(3)

No runway, taxiway, hangar, fuel depot, or other facility shall be located within 500 feet of an existing dwelling, school, church, or other place of public assembly, unless written permission is granted by the owner of same.

(4)

All regulations of the state department of transportation, bureau of aeronautics, shall be complied with.

(c)

Amusement parks.

(1)

Minimum lot size shall be ten acres.

(2)

The lot shall be located so that at least one side abuts an arterial street, and all access shall be from such arterial street.

(3)

No building shall be located closer than 300 feet to any existing dwelling.

(4)

Maximum building coverage shall be 25 percent.

(5)

Any amusement enterprise located within 500 feet of any dwelling shall close at 10:00 p.m.

(6)

The entire premises shall be enclosed by a six-foot fence along the property boundary.

(d)

Auto service stations.

(1)

Minimum lot size shall be 15,000 square feet.

(2)

Minimum lot width shall be 150 feet.

(3)

Ingress and egress drives shall not be less than 24 feet nor more than 30 feet in width.

(4)

No drive or curb opening shall be located nearer than 50 feet to any intersection nor more than 25 feet to any residential property line. No drive shall be located nearer than 30 feet to any other driveway. No curb opening shall be permitted where, in the opinion of the planning commission, it may produce a safety hazard to pedestrian or vehicular traffic.

(5)

All outside storage areas for trash, used tires, auto parts, and similar items shall be enclosed by a six-foot, sight-obscuring wall or fence.

(6)

On a corner lot, both street frontage sides shall be subject to all applicable front yard requirements.

(e)

Bed and breakfasts. Bed and breakfast operations are permitted within any district provided the following conditions are met:

(1)

The district in which it is conducted allows a single-family dwelling as a permitted use or it is conducted within a single-family dwelling which is a legal pre-existing nonconforming use.

(2)

The single-family dwelling in which it is conducted must have been in existence for at least five years prior to being used with a bed and breakfast operation.

(3)

Not more than 25 percent of the floor area of the dwelling shall be used for bed and breakfast sleeping rooms.

(4)

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

(5)

No signs identifying the bed and breakfast shall be permitted, save a sign which is not larger than 144 square inches in size and identifies the facility and is illuminated, if at all, only directly, is permitted.

(6)

The operation is carried on wholly within the single-family dwelling and not within any accessory building or area previously used as a garage within the last five years.

(7)

Not more than one person who does not reside on the premises shall be employed in the bed and breakfast operation.

(8)

No such operation shall require any interior or exterior alterations, save the installation of windows or doors or relocation thereof is permitted. The use of mechanical or electronic equipment not customarily used for housekeeping shall not be permitted.

(9)

No operations shall be offensive by reason of noise, odor, dust, fumes, smoke, glare or comparable nuisances.

(10)

The single-family dwelling unit in which the bed and breakfast takes place shall be the principal residence of the operator, and said operator shall live on the premises when the bed and breakfast operation is active.

(11)

Each operator shall keep for at least seven years a list of the names of all persons staying at the bed and breakfast operation. Such list must also include the home address, car license number, and the dates of the persons that stayed at the bed and breakfast facility and shall be available for inspection by city officials at any time.

(12)

The maximum stay for any occupants of bed and breakfast operations shall be 14 days.

(13)

No premises shall be utilized for a bed and breakfast operation unless there are at least two exits to the outdoors from such premises and room utilized for sleeping shall have a minimum size of 100 square feet for two occupants with an additional 30 square feet for each additional occupant to a maximum of four occupants per room.

(14)

Each sleeping room used for the bed and breakfast operation shall have a separate smoke detector alarm.

(15)

Lavatories and bathing facilities shall be available to all persons using any bed and breakfast operation.

(16)

Two parking spaces plus one additional space per room to be rented must be provided.

(17)

Tandem parking is not allowed, and all parking spaces must be ten feet by 18 feet in size and must be paved with either asphalt or concrete and must be laid out so as to allow free movement of traffic on and off the property. An area large enough to allow vehicles to back out of parking spaces shall be provided and must be paved with asphalt or concrete. All other areas to be used for vehicles must be paved in the same manner as specified in this subsection or provided with a hard surface consisting of at least six inches of compacted gravel. No such parking areas shall be allowed within any front yard or within the minimum side yards or minimum rear yard.

(18)

No residential structure shall be removed in order to allow for a bed and breakfast use nor shall such a structure be removed in order to provide parking for such a use.

(19)

Additions to a structure for the purpose of providing additional rental rooms shall not be allowed.

(20)

A site plan and a floor plan drawn to scale of the entire building with dimensions is submitted and approved by the planning commission as required in article II, division 2, of this chapter.

(f)

Boardinghouses and multiple-family dwellings.

(1)

Minimum lot size for boardinghouses shall be 3,000 square feet per room available for rent and for multiple-family dwellings shall be 5,000 square feet per dwelling unit.

(2)

Off-street parking shall be provided on the same lot as the dwelling at a ratio of 1:2 parking spaces per tenant room for boardinghouses and two spaces per dwelling unit for multiple-family dwellings.

(3)

All required parking spaces shall be provided in the rear yard. Where such rear yard abuts existing single-family dwellings or vacant property zoned for single-family dwellings, the planning commission may require landscaping, fencing or other sight-obscuring material to screen the view of the parking lot from adjoining properties.

(g)

Building supply and equipment establishments.

(1)

Outdoor storage of materials is prohibited. All storage shall be within an enclosed building.

(2)

No access to or from such establishment shall be permitted on any residential street.

(Code 2009, § 40-573; Ord. No. 53-A, § 19.05, 8-16-1982; Ord. No. 105, § 6, 11-9-2000; Ord. No. 121, § 1, 4-8-2004; Ord. No. 141, § 3, 11-9-2006; Ord. No. 156, § 1(19.05), 7-9-2009)

(a)

Cemeteries.

(1)

Minimum site size shall be five acres.

(2)

At least one side of such site shall abut and have access to an arterial street.

(b)

Churches, mosques, synagogues and similar places of religious worship.

(1)

The purpose of these requirements is to integrate places of religious worship into the fabric of the city's zoning districts, but not at the expense of the character of those areas. Therefore, the scale of the place of religious worship, parking lots, and related accessory uses shall be compatible with abutting homes or businesses and in character with the surrounding properties.

(2)

The site size must meet the minimum lot size and width requirements of the zoning district.

(3)

The site and all buildings thereon must meet the minimum yard setbacks, lot coverage and height requirements of the zoning district.

(4)

The site must meet the minimum on-site parking requirements, including number of parking spaces, markings, driveways, aisleways, traffic control devices, circulation and paved parking surfaces. Access to and from the site shall not be a nuisance to the quiet enjoyment of surrounding properties and the planning commission shall determine whether the proposed access to and from the site is sufficient and appropriate for the proposed use.

(5)

The use must not regularly utilize any off-site vehicle parking without first obtaining written permission from that property owner and must not regularly use non-paved parking surfaces on or offsite. On-street parking is not permitted for such use unless on-street parking is marked for such use by the general public in that district. Use of the site shall not utilize illegal parking. There shall be a continuous five-foot wide, ADA-compliant sidewalk that connects an off-site vehicle parking area to the place of worship.

(6)

The proposed use of the site shall not violate the city's environmental noise restrictions.

(c)

Commercial establishments producing merchandise on the premises.

(1)

The total floor area devoted to production shall not exceed the area devoted to retail sales.

(2)

Loading areas and truck circulation shall be confined to the rear of the structure.

(3)

There shall be no perceptible industrial character to the building. All production operations and storage shall be within a completely enclosed building.

(d)

Commercial recreation facilities. Commercial recreation facilities, such as indoor theatres, bowling alleys, indoor skating rinks, or similar uses, shall comply with the following:

(1)

Driveway openings shall be located at least 100 feet from any street intersection (measured from the nearest right-of-way line) to the edge of such driveway.

(2)

All buildings shall be located at least 100 feet from any residential use in any R district.

(3)

Outdoor recreation courts shall adhere to the following:

a.

All such courts shall be located at least 50 feet from any dwelling.

b.

The planning commission may require the area surrounding such courts to be landscaped and screened from view of the street and adjoining dwellings, except the single-family dwelling on the adjoining lot which shares single ownership with the lot on which such court is located.

c.

Artificial lighting of such courts is not permitted.

d.

The planning commission may restrict the hours such courts may be used.

(e)

Drive-through banks and dry-cleaning establishments.

(1)

Driveway openings shall be located as far from street intersections as practical but in no case closer than 100 feet (measured from the nearest right-of-way line to the edge of such driveway).

(2)

In the B-2 districts, no drive shall be closer to any other drive than 75 feet. In the B-3 district, this distance shall be 200 feet.

(3)

Vehicular circulation patterns into and out of such businesses shall be located and designed to minimize disruption of and conflicts with thru traffic movement on abutting streets.

(4)

All buildings shall be set back a minimum distance of 60 feet from any adjacent right-of-way line.

(5)

Driveway entry signs shall only be permitted in accordance with the requirements of subsection 32-655.

(f)

Drive-through restaurants.

(1)

The same design requirements shall apply as cited in subsection (e) of this section for drive-in banks and dry-cleaning establishments.

(2)

All refuse containers shall be located in the rear yard and be screened from view by a six-foot-high fence or wall of sound construction and painted or otherwise attractively finished.

(g)

Drive-in theaters.

(1)

All sites shall abut an arterial street.

(2)

All traffic ingress and egress shall be from such arterial street. Stacking and maneuvering space shall be provided within the site so no disruption of through-traffic movement will occur on abutting streets.

(3)

Driveway openings shall be located as far from street intersections as practical but in no case closer than 300 feet (measured from the nearest right-of-way line to the edge of such driveway).

(4)

Acceleration and deceleration lanes shall be provided at all points of ingress and egress.

(5)

A minimum yard of 100 feet shall separate all uses, operations, and structures, including fences, from any public street used for ingress or egress. Such yard shall be landscaped.

(6)

The entire area containing uses, operations, and structures shall be enclosed with an eight-foot-high, solid screen fence of sound construction and painted or otherwise finished attractively.

(7)

Ticket gates shall be provided in the following ratios:

a.

One gate for 300-person capacity theaters;

b.

Two gates for 600-person capacity theaters;

c.

Three gates for 800-person capacity theaters; and

d.

Four gates for 1,000-person capacity theaters.

Vehicle standing space shall be provided between the ticket gates and the street right-of-way line to accommodate 30 percent of the vehicular capacity of the theater.

(8)

Theater screens shall not face any public street and shall be so located as to be out of view from any arterial street or highway. The screen structure shall not exceed a height of 65 feet.

(Code 2009, § 40-574; Ord. No. 53-A, § 19.06, 8-16-1982; Ord. No. 105, § 6, 11-9-2000; Ord. No. 121, § 1, 4-8-2004; Ord. No. 156, § 1(19.06), 7-9-2009; Ord. No. 240, § 1, 5-12-2022; Ord. No. 244, § 1, 6-8-2023)

(a)

Golf courses and country clubs.

(1)

Minimum lot size shall be 40 acres.

(2)

All buildings shall be set back a minimum distance of 75 feet from all property and right-of-way lines.

(3)

Lighting shall be shielded to reduce glare and shall be so arranged and maintained as to direct light away from all residential lands which adjoin the site.

(b)

Hospitals, clinics, or convalescent homes. Including hospitals, clinics, or convalescent homes, but not including institutions for the mentally challenged, special needs, drug or alcoholic patients, or correctional institutions of any type:

(1)

All sites shall abut and have access to an arterial street.

(2)

Hospitals and convalescent homes shall be set back at least 75 feet from the road right-of-way line and 50 feet from all other property lines.

(c)

Housing for seasonal labor.

(1)

All such housing shall be in conjunction with an active agricultural operation.

(2)

Proper interior and exterior maintenance of all structures shall be provided.

(3)

All applicable federal, state and county regulations shall be complied with.

(d)

Junkyards and salvage yards.

(1)

Minimum lot size shall be five acres.

(2)

The setback from the front property line to the area upon which junk materials are stored shall not be less than 150 feet and said area shall be screened from view around the entire periphery of the site by a wall or fence at least eight feet in height. Such wall or fence shall be of sound construction and painted or otherwise attractively finished.

(3)

The area where junk materials are stored, including all buildings, shall be located no closer than 500 feet to any public building, church, hospital, sanitarium, convalescent home, day nursery, school, or similar use nor closer than 100 feet to any residential district boundary line. A 100-foot greenbelt shall be provided along the property line in all cases.

(4)

All structures, fencing, and storage yards shall be set back not less than 50 feet from any street and any commercial or industrial district boundary line. Such setback shall be maintained as a greenbelt to minimize the appearance of the installation.

(e)

Kennels, veterinary hospitals and animal clinics.

(1)

Minimum required setback for all buildings shall be 75 feet. No structure shall be closer than 50 feet to any property line.

(2)

For kennels, the minimum lot size shall be two acres for the first four dogs and an additional 10,000 square feet for each one additional dog.

(3)

The planning commission shall consider the effects of noise, odor, and sanitary conditions on surrounding properties and may require additional safeguards to prevent any possible nuisance.

(4)

Kennels shall comply with all applicable provisions of the Kent County Animal Control Ordinances, and all other applicable local, state, and federal requirements.

(f)

Manufacturing, compounding, processing, packaging, treating, assembly, and bulk storage of certain products.

(1)

Minimum site size shall be five acres.

(2)

Minimum required front setback for all buildings shall be 100 feet.

(3)

No use of this type shall be permitted within 1,000 feet of any residential district.

(4)

The site shall abut and have direct access to an arterial street.

(5)

Proposed truck routes to and from the site shall be subject to planning commission approval.

(6)

All applicable federal, state, and county regulations shall be complied with.

(g)

Marihuana establishments.

(1)

Excess grower.

a.

Cannot be located on the same parcel as any residential use.

b.

Cannot share a property line with any single-family residential use.

c.

Cannot be within 500 feet of R-1, R-2, R-3, or MU zoned property. Distance is measured from property line to property line.

d.

Cannot be within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distance is measured from property line to property line.

e.

Only permitted in the HC district if:

1.

It is co-located with a marihuana retailer; and

2.

The total floor space of the buildings where the marihuana grower and marihuana retailer are co-located does not exceed 20,000 square feet.

f.

In the HC district, provided the requirements of subsection (g)(4)e of this section are met, may co-locate with any one or a combination of the following: marihuana grower, marihuana processor.

g.

In the I-1 district, may co-locate with any one or a combination of the following: marihuana grower, marihuana processor.

h.

Must have security plan that at a minimum complies with the requirements of the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended, and rules promulgated by the state department of licensing and regulatory affairs or its successor agency.

i.

The exterior appearance must remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

j.

Odor control must have a system that prevents smoke, odor, debris, dust, fluids and other substances relating to cultivation, manufacturing, production, storage, testing, transportation, and sale of marihuana from exiting the marihuana establishment.

1.

Whether smoke, odor, debris, dust, fluids, or other substances relating to cultivation, manufacturing, production, storage, testing, transportation, or sale of marihuana are exiting the marihuana establishment will be measured by the objective standards of a reasonable person with normal sensory sensitivities.

2.

Negative air pressure will be maintained inside the marihuana establishment at all times.

(2)

Growers of any class.

a.

Cannot be located on the same parcel as any residential use.

b.

Cannot share a property line with any single-family residential use.

c.

Cannot be within 500 feet of R-1, R-2, R-3, or MU zoned property. Distance is measured from property line to property line.

d.

Cannot be within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distance is measured from property line to property line.

e.

Only permitted in the HC district if:

1.

It is co-located with a marihuana retailer; and

2.

The total floor space of the buildings where the marihuana grower and marihuana retailer are co-located does not exceed 20,000 square feet.

f.

In the HC district, provided the requirements of subsection (g)(4)e of this section are met, may co-locate with any one or a combination of the following: marihuana excess grower, marihuana processor.

g.

In the I-1 district, may co-locate with any one or a combination of the following: marihuana excess grower, marihuana processor.

h.

Must have security plan that at a minimum complies with the requirements of the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended, and rules promulgated by the state department of licensing and regulatory affairs or its successor agency.

i.

The exterior appearance must remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

j.

Odor control must have a system that prevents smoke, odor, debris, dust, fluids and other substances relating to cultivation, manufacturing, production, storage, testing, transportation, and sale of marihuana from exiting the marihuana establishment.

1.

Whether smoke, odor, debris, dust, fluids, or other substances relating to cultivation, manufacturing, production, storage, testing, transportation, or sale of marihuana are exiting the marihuana establishment will be measured by the objective standards of a reasonable person with normal sensory sensitivities.

2.

Negative air pressure will be maintained inside the marihuana establishment at all times.

(3)

Microbusiness.

a.

Cannot be located on the same parcel as any residential use.

b.

Cannot share a property line with any single-family residential use.

c.

Microbusinesses located in an I-1 district cannot be within 500 feet of R-1, R-2, or MU zoned property. Distance is measured from property line to property line.

d.

Cannot be within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distance is measured from property line to property line.

e.

Cannot co-locate or be on the same parcel as any other marihuana establishment.

f.

Must have security plan that at a minimum complies with the requirements of the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended, and rules promulgated by the state department of licensing and regulatory affairs or its successor agency.

g.

The exterior appearance must remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

h.

Odor control must have a system that prevents smoke, odor, debris, dust, fluids and other substances relating to cultivation, manufacturing, production, storage, testing, transportation, and sale of marihuana from exiting the marihuana establishment.

1.

Whether smoke, odor, debris, dust, fluids, or other substances relating to cultivation, manufacturing, production, storage, testing, transportation, or sale of marihuana are exiting the marihuana establishment will be measured by the objective standards of a reasonable person with normal sensory sensitivities.

2.

Negative air pressure will be maintained inside the marihuana establishment at all times.

(4)

Processors.

a.

Cannot be located on the same parcel as any residential use.

b.

Cannot share a property line with any single-family residential use.

c.

Cannot be within 500 feet of R-1, R-2, R-3, or MU zoned property. Distance is measured from property line to property line.

d.

Cannot be within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distance is measured from property line to property line.

e.

Only permitted in the HC district if:

1.

It is co-located with a marihuana retailer; and

2.

The total floor space of the buildings where the marihuana processor and marihuana retailer are co-located does not exceed 20,000 square feet.

f.

In the HC district, provided the requirements of subsection (g)(4)e of this section are met, may co-locate with any one or a combination of the following: a marihuana excess grower, marihuana grower.

g.

In the I-1 district, may co-locate with any one or a combination of the following: marihuana excess grower, marihuana grower.

h.

Must have security plan that at a minimum complies with the requirements of the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended, and rules promulgated by the state department of licensing and regulatory affairs or its successor agency.

i.

The exterior appearance must remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

j.

Odor control must have a system that prevents smoke, odor, debris, dust, fluids and other substances relating to cultivation, manufacturing, production, storage, testing, transportation, and sale of marihuana from exiting the marihuana establishment.

1.

Whether smoke, odor, debris, dust, fluids, or other substances relating to cultivation, manufacturing, production, storage, testing, transportation, or sale of marihuana are exiting the marihuana establishment will be measured by the objective standards of a reasonable person with normal sensory sensitivities.

2.

Negative air pressure will be maintained inside the marihuana establishment at all times.

(5)

Retailer.

a.

Cannot be located on the same parcel as any residential use.

b.

Cannot share a property line with any single-family residential use.

c.

Cannot be within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distance is measured from property line to property line.

d.

Only permitted in the HC district if:

1.

It is co-located with either a marihuana grower, marihuana excess grower, or marihuana processor; and

2.

The total floor space of the buildings where the marihuana grower, marihuana excess grower, or marihuana processor and marihuana retailer are co-located does not exceed 20,000 square feet.

e.

In the HC district, provided the requirements of subsection (g)(4)e of this section are met, may co-locate with any one or a combination of the following: marihuana grower, marihuana excess grower, marihuana processor.

f.

May not co-locate with any other marihuana establishment in the B-2 or B-3 district.

g.

Must have security plan that at a minimum complies with the requirements of the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended, and rules promulgated by the state department of licensing and regulatory affairs or its successor agency.

h.

The exterior appearance must remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

i.

Odor control must have a system that prevents smoke, odor, debris, dust, fluids and other substances relating to cultivation, manufacturing, production, storage, testing, transportation, and sale of marihuana from exiting the marihuana establishment.

1.

Whether smoke, odor, debris, dust, fluids, or other substances relating to cultivation, manufacturing, production, storage, testing, transportation, or sale of marihuana are exiting the marihuana establishment will be measured by the objective standards of a reasonable person with normal sensory sensitivities.

2.

Negative air pressure will be maintained inside the marihuana establishment at all times.

(6)

Safety compliance facility.

a.

Cannot be located on the same parcel as any residential use.

b.

Cannot share a property line with any single-family residential use.

c.

Cannot be within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distance is measured from property line to property line.

d.

Cannot co-locate or be on the same parcel as any other marihuana establishment.

e.

Must have security plan that at a minimum complies with the requirements of the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended, and rules promulgated by the state department of licensing and regulatory affairs or its successor agency.

f.

The exterior appearance must remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

g.

Odor control must have a system that prevents smoke, odor, debris, dust, fluids and other substances relating to cultivation, manufacturing, production, storage, testing, transportation, and sale of marihuana from exiting the marihuana establishment.

1.

Whether smoke, odor, debris, dust, fluids, or other substances relating to cultivation, manufacturing, production, storage, testing, transportation, or sale of marihuana are exiting the marihuana establishment will be measured by the objective standards of a reasonable person with normal sensory sensitivities.

2.

Negative air pressure will be maintained inside the marihuana establishment at all times.

(h)

Mortuaries and funeral homes.

(1)

Minimum lot area shall be one acre and the minimum width shall be 150 feet.

(2)

A well designed and landscaped off-street vehicle assembly area shall be provided for funeral processing activity. This area shall be in addition to the required off-street parking area.

(3)

A caretaker's residence may be provided within the principal building. The site shall abut and have access to an arterial street.

(i)

Municipal buildings and utility buildings.

(1)

All such buildings shall be located at least 50 feet from any dwelling.

(2)

No outdoor storage shall be permitted.

(3)

Refuse containers shall be located in the rear yard and be screened from view by a six-foot-high fence or wall or sound construction and painted or otherwise attractively finished.

(4)

All off-street parking areas shall be landscaped and screened from view of adjoining dwellings.

(5)

All off-street parking areas shall be landscaped and screened from view of adjoining dwellings.

(Code 2009, § 40-575; Ord. No. 53-A, § 19.07, 8-16-1982; Ord. No. 105, § 6, 11-9-2000; Ord. No. 126, § 1, 8-12-2004; Ord. No. 156, § 1(19.07), 7-9-2009; Ord. No. 2020-224, § 7, 6-11-2020; Ord. No. 249, § 3, 3-14-2024)

(a)

Outdoor storage. Commercial and industrial uses and developments that include utility buildings, outdoor equipment or outdoor storage shall comply with the following:

(1)

Outdoor storage is prohibited in the B-2 Central Business District.

(2)

Utility buildings, stations, or substations shall be screened by a six-foot-high wall, berm or solid fence, except when all equipment is contained within a fully enclosed building or structure.

(3)

Outdoor open storage of any equipment, vehicles and materials, shall be screened from public right-of-way and residential uses or districts. Such storage shall not be located in the front yard. Commercial uses do not need to be screened from one another and industrial uses do not have to screen from one another.

(4)

Stored vehicles or goods on a site without a principal building shall meet the setback requirements of the zoning district. Such storage shall not be located in the front yard unless it is determined by the planning commission that no feasible alternatives exist.

(5)

If retail activity is associated with the use, an enclosed building with at least 500 square feet of gross floor area for office and sales use is required.

(6)

The storage of soil, sand, mulch, and similarly loosely packaged materials shall be contained to prevent it from blowing into adjacent properties. The outdoor storage of fertilizers, pesticides, and other hazardous materials is prohibited.

(7)

All stored materials, including loosely packaged materials, shall not be piled or stacked higher than the height of the obscuring screen. Vehicles, implements, and recreational vehicles may exceed the height of the screen, provided they are set back from the screen a distance equal to the vehicle or implement's height.

(8)

All outdoor storage areas shall be paved with a permanent, durable, and dustless surface and shall be graded and drained to dispose of all surface water.

(9)

All loading and truck maneuvering shall be accommodated on-site or on a dedicated easement.

(10)

Fencing and lighting for security purposes may be required as determined by the planning commission.

(11)

Outdoor storage is a separate and distinct use from the outdoor display of items or goods, which must meet the requirements of section 32-558.

(b)

Par 3 golf, miniature golf, and driving ranges.

(1)

All sites shall abut and have access to an arterial street.

(2)

Where such uses abut a residential district, a transition strip of 150 feet in width shall be provided between all operations and structures, including fences, and the residential property. The size and type of landscape materials to be used in such transition strip shall be approved by the planning commission.

(3)

All lighting shall be deflected away from adjacent streets and property.

(c)

Parking lots, including municipal and private facilities not directly associated with a principal use.

(1)

All such lots shall be hard surfaced with a pavement having an asphalt or concrete binder and shall be graded and drained to dispose of surface water.

(2)

Where a parking lot is adjacent to or across the street from a residential district, a landscaped greenbelt at least ten feet in width shall be provided along all property lines abutting or facing such residential district.

(3)

Adequate ingress and egress to the parking lot, by means of limited and clearly defined driveways, shall be provided. No driveway shall be located closer than 100 feet to a street intersection.

(4)

All applicable requirements of article VI of this chapter shall be complied with.

(d)

Petroleum refining, paving materials, and roofing materials.

(1)

Minimum site size shall be ten acres.

(2)

Minimum required front setback for all buildings shall be 200 feet.

(3)

No use of this type shall be permitted within 1,000 feet of any residential district.

(4)

The site shall abut an arterial street and all access to and from the site shall be from such arterial street.

(5)

Proposed truck routes to and from the site shall be subject to planning commission approval.

(6)

All applicable federal, state, and county regulations shall be complied with.

(e)

Planned unit development. The requirements and standards of article IX of this chapter shall apply to all planned unit developments.

(f)

Private noncommercial recreation.

(1)

The lot shall abut and have direct access to an arterial street.

(2)

No outdoor activity areas shall be located within 100 feet of any property line.

(3)

Retail sales may be permitted to members and guests only, and there shall be no externally visible evidence of commercial activity, however incidental. All access to such commercial space shall be from within the building.

(g)

Public garages and automobile repair establishments when all activities are conducted within a completely enclosed building.

(1)

Minimum lot size shall be 15,000 square feet.

(2)

Minimum lot width shall be 150 feet.

(3)

Ingress and egress drives shall not be less than 24 feet nor more than 30 feet in width.

(4)

No drive or curb opening shall be located nearer than 50 feet to any intersection nor more than 25 feet to any residential property line. No drive shall be located nearer than 30 feet to any other driveway. No curb opening shall be permitted where, in the opinion of the planning commission, it may produce a safety hazard to pedestrian or vehicular traffic.

(5)

All outside storage areas for trash, used tires, auto parts, and similar items shall be enclosed by a six-foot sight-obscuring wall or fence.

(6)

On a corner lot, both street frontage sides shall be subject to all applicable front yard requirements.

(7)

All lubrication equipment, vehicle washing equipment, hydraulic hoists and pits all shall be enclosed entirely within the building.

(8)

The lot shall be located at least 300 feet from the access drive for any library, school, playground, park, church, hospital, or nursing home.

(h)

Pulp and paper manufacturing. The standards of section 32-697(f) shall apply.

(Code 2009, § 40-576; Ord. No. 53-A, § 19.08, 8-16-1982; Ord. No. 105, § 6, 11-9-2000; Ord. No. 156, § 1(19.08), 7-9-2009; Ord. No. 171, § 1, 7-11-2013; Ord. No. 210, § 1, 10-11-2018)

(a)

Radio and television transmitters and relay stations.

(1)

Minimum lot size shall be three acres.

(2)

Setback for each tower from adjacent property lines shall not be less than one half the height of each tower above the ground.

(3)

A fence at least six feet in height shall be erected around the perimeter of the site.

(b)

Rail yards.

(1)

Minimum site shall be 40 acres.

(2)

No site shall be located within 3,000 feet of any residential district.

(c)

Raising of fur-bearing animals and game birds.

(1)

Minimum lot size shall be five acres.

(2)

No buildings housing animals shall be located within 100 feet of any residential district, excluding rural residential. No storage of manure or odor or dust producing materials shall be permitted within 100 feet of any residential district, excluding rural residential.

(d)

Recreational camps and campgrounds.

(1)

Minimum lot size shall be 300 acres.

(2)

Public stations, housed in all-weather structures, containing adequate water outlet waste container, toilet, and shower facilities shall be provided in accordance with state requirements.

(3)

No commercial enterprise shall be permitted to operate on the grounds, except those activities which are solely for the use of patrons of the camp or campground.

(4)

Each campsite shall contain a minimum area of 1,500 square feet.

(5)

Fences and greenbelts may be required by the planning commission to protect adjoining property.

(e)

Residential uses in B-2 and B-3 districts without frontage on Main Street.

(1)

Only one-family and two-family dwelling units used for residential purposes and located on a parcel that does not have Main Street frontage shall be eligible for special approval.

(2)

Special approval shall not be granted for unimproved parcels, or for the conversion of a parcel from nonresidential to residential purposes.

(3)

A special approval may be granted for the limited purpose of permitting the continued residential use of an existing dwelling. Notwithstanding other provisions of this chapter, such special approval shall not expire one year from the date or issue.

(4)

A special use to expand, restore or alter an existing dwelling shall be subject to the R-1 district requirements regarding:

a.

Lot size;

b.

Setbacks;

c.

Maximum lot coverage;

d.

Floor area;

e.

Building height;

f.

Parking; and

g.

Signs.

(f)

Retail businesses of equal to or greater than 10,000 square feet.

(1)

Notwithstanding other provisions of this chapter, the planning commission may permit parking in the front yard.

(2)

Any principal building shall have side yard setbacks of at least 50 feet.

(3)

The planning commission may require a six-foot fence or wall along the rear or sides of the lot to keep trash, paper, and other debris from blowing off the premises.

(4)

No mechanical rooms or loading area shall be located nearer than 100 feet to any residential district or use.

(5)

Any loading area facing a residential district or use shall be screened. Loading areas shall not be located within any required yard and may not be located in the front yard.

(6)

Any outdoor storage areas shall be enclosed by a six-foot sight-obscuring wall or fence.

(g)

Restaurants, clubs or other establishments.

(1)

In establishments where alcoholic liquors or entertainment are permitted, no building shall be located closer than 50 feet to any residential district.

(2)

Where property containing such establishments abuts a residential district, the hours of operation shall be subject to planning commission approval.

(3)

All refuse containers shall be located in the rear yard and be screened from by a six-foot-high fence or wall of sound construction and painted or attractively finished.

(h)

Riding and breeding stables.

(1)

Minimum lot size shall be ten acres, provided that a maximum of two horses shall be permitted on lots of less than ten but at least two acres.

(2)

No storage of manure or other odor or dust producing materials or use shall be permitted within 100 feet of any residential district, excluding rural residential.

(3)

Stables and other buildings (excluding residential structures) shall not be closer than 100 feet to any residential district, excluding rural residential.

(Code 2009, § 40-577; Ord. No. 53-A, § 19.09, 8-16-1982; Ord. No. 105, § 6, 11-9-2000; Ord. No. 126, § 1, 8-12-2004; Ord. No. 134, § 1, 11-10-2005; Ord. No. 156, § 1(19.09), 7-9-2009; Ord. No. 211, § 1, 10-11-2018)

(a)

Sand, gravel, and mineral extraction.

(1)

All uses shall comply with the applicable standards of the state.

(2)

No fixed machinery shall be erected or maintained within 50 feet of any property or street right-of-way line. No cut or excavation shall be made closer than 50 feet to any property or street right-of-way line in order to ensure sublateral support to surrounding property.

(3)

Where it is determined by the planning commission to be a public hazard, the excavation site shall be enclosed by a fence at least six feet high around the entire periphery of the site or hazardous portion thereof. Fences shall be adequate to prevent trespass and shall be placed no closer than 50 feet to the top or bottom of any slope.

(4)

No slope shall exceed an angle with the horizontal of 45 degrees.

(5)

No building shall be erected except as temporary shelter for machinery and a field office.

(6)

Proposed truck routes to and from the site shall be subject to planning commission approval.

(7)

Proper measures, as determined by the zoning administrator, shall be taken to minimize the nuisance of noise, dust, and flying rock.

(8)

A contour plan showing the existing grade of the site, areas where excavation will occur, the final grade of the site when excavation is completed, and the end use to which the site will be put, shall be submitted to the planning commission for approval prior to beginning excavation.

(9)

When excavation and removal operations are completed, the excavated area shall be graded so that the slope shall not exceed a ratio of 3:1 (horizontal:vertical). A layer of arable topsoil shall be spread ever the excavated area, except for exposed rock surfaces or areas below natural water level, to a minimum depth of four inches in accordance with the approved contour plan. Such areas shall also be seeded with a perennial rye grass and maintained until the area is stabilized as determined by the zoning administrator.

(b)

Schools.

(1)

Traffic generated by adjacent uses shall be considered by the planning commission prior to approving the location of any driveways.

(2)

No recreation or play areas shall be located within 100 feet of any existing dwelling.

(3)

All vehicular access to and from the site shall be from an arterial street.

(c)

Sexually oriented businesses.

(1)

Purpose and findings.

a.

In the development and execution of this subsection, it is recognized that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or when one or more of them are located in near proximity to a residential zone, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects shall not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this subsection and within article II of chapter 4. These controls are for the purpose of preventing a concentration of these uses within any one area, or to prevent deterioration or blighting of a nearby residential neighborhood. These controls do not legitimatize activities, which are prohibited in other sections of this Code.

b.

The city council finds that sexually oriented businesses, as a category of commercial uses, are often associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Illegal and unsanitary acts involving nudity, including lewd conduct, masturbation, oral and anal sex, occur at unregulated sexually oriented businesses, including those businesses which provide private or semi-private rooms, booths, or cubicles for viewing films, videos, or live performances.

c.

In regulating sexually oriented businesses, it is the purpose of this subsection to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this subsection have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this subsection to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this subsection to condone or legitimize the distribution of obscene material.

(2)

Standards.

a.

No sexually oriented business shall be permitted in a location in which any principal or accessory structure, including signs, is within 500 feet of any principal or accessory structure of another sexually oriented business.

b.

No sexually oriented business shall be established on a parcel which is within 500 feet of any parcel zoned R-1, R-2, R-3, R-4, or PUD.

c.

No sexually oriented business shall be established on a parcel within 500 feet of any single- or multiple-family residence, public park, school, childcare facility, church or place of worship. The distance between a proposed sexually oriented business and any single- or multiple-family residence, public park, school, childcare facility, church or place of worship, or other sexually oriented business shall be measured in a straight line from the nearest property line upon which the proposed sexually oriented business is to be located to the nearest property line of the single- or multiple-family residence, public park, school, childcare facility, church or place of worship.

d.

Any sign or advertising proposed for the sexually oriented business must comply with this zoning ordinance and may not include photographs, silhouettes, drawings or pictorial representations of specified anatomical areas or specified sexual activities and may not include animated or flashing illumination.

e.

All on-site parking areas shall comply with this chapter and shall additionally be illuminated on any days the sexually oriented business is open from at least 90 minutes prior to sunset until at least 60 minutes after closing.

f.

The outdoor storage of garbage and refuse shall be contained, screened from view and located so as not to be visible from neighboring properties or the adjacent roadway.

g.

Any booth, room or cubical, available in any sexually oriented business (excepting an adult motel) used by patrons for the viewing of any entertainment must comply with the following requirements:

1.

It must be unobstructed by any door, lock or other entrance and exit control device.

2.

One side must be totally open to a public, lighted aisle so that there is an unobstructed view at all times from the adjoining aisle of any occupant.

3.

It must be illuminated such that person of normal visual activity looking into the booth, room or cubical from its entrance adjoining the public lighted aisle can clearly determine the number of people within.

4.

There shall be no holes or openings in any side or rear wall not relating to utility, ventilation or temperature control services or otherwise required by any government.

(3)

Additional notice.

a.

In addition to the notices required for a public hearing the planning commission shall serve notice on all owners and occupiers of all property within 500 feet of a proposed sexually oriented business.

b.

The notice shall give a minimum of 30 days from the mailing of the notice until the public hearing on the matter.

c.

The mailing shall include a postcard addressed to the city, containing spaces for stating approval or disapproval of the proposed sexually oriented business and, including space for commentary.

d.

The total number of postcards returned prior to the hearing shall be tallied. The votes yea and nay shall also be tallied. These votes shall be considered as evidence in the planning commission's decision.

(4)

Limit on reapplication. No application for a sexually oriented business which has been denied wholly or in part shall be resubmitted for a period of 90 days from the date of said denial, except on the grounds of new evidence found valid by the planning commission.

(5)

Expansion and discontinuance of use.

a.

A sexually oriented business shall not be expanded in any manner without first applying for and receiving the approval of the planning commission. Further, if the operation of a sexually oriented business is discontinued for more than 30 days, it may not be reestablished without applying for and receiving the approval of the planning commission.

b.

Nothing in this subsection shall prevent the reconstruction, repairing, or rebuilding and continued use of any building or structure damaged by fire, collapse, explosion or act of God.

(d)

Slaughterhouses and rendering plants. The standards of section 32-694 shall apply.

(e)

Warehouses selling retail on the premises.

(1)

The site boundary shall be at least 100 feet from any residential district.

(2)

There shall be no outside storage or stockpiling. All merchandise shall be stored within an enclosed building.

(f)

Waste disposal facilities.

(1)

All uses shall be established and maintained in accordance with all applicable state of Michigan and Kent County statutes.

(2)

All uses shall be enclosed by a fence six feet or more in height around the periphery of the property. Fences shall be adequate to prevent trespassing and contain debris.

(3)

All areas within any single development shall be rehabilitated progressively as they are filled or abandoned so they will not be hazardous and will be inconspicuous and blended with the surrounding terrain.

(4)

Proposed truck routes to and from the site shall be subject to planning commission approval.

(5)

All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, individual, or the community in general.

(g)

Waste treatment facilities. All such facilities shall comply with applicable federal, state, and county regulations.

(h)

Water supply and treatment facilities. All such facilities shall comply with applicable federal, state, and county regulations.

(Code 2009, § 40-578; Ord. No. 53-A, § 19.10, 8-16-1982; Ord. No. 105, § 6, 11-9-2000; Ord. No. 121, § 1, 4-8-2004; Ord. No. 156, § 1(19.10), 7-9-2009; Ord. No. 161, § 1, 3-11-2010; Ord. No. 244, § 1, 6-8-2023)

(a)

Should an aggrieved applicant wish to appeal a denial of a special land use application, said application will be made to the city council. In reviewing the decision of the planning commission, the city council shall base its decision upon the following criteria:

(1)

Was the decision based upon proper procedure?

(2)

Was the decision supported by competent material and substantial evidence on the record?

(3)

Does the decision represent the reasonable exercise of discretion granted by law to the planning commission?

(b)

It is not the intent of this section to have the city council replace the judgment of the planning commission with its own; instead, it is to ensure that a fair and reasonable decision was made based upon the facts at hand.

(Code 2009, § 40-579; Ord. No. 171, § 1, 7-11-2013)