The intent of this article is to provide standards for special land uses, which are uses that, under usual circumstances, could be detrimental to other land uses permitted within the same zoning district, but may be permitted because of circumstances unique to the location of the particular use. This article provides standards for the planning commission to determine the appropriateness of a given special land use using factors such as: compatibility with adjacent zoning, location, design, size, intensity of use, impact on traffic operations, potential impact on groundwater, demand on public facilities and services, equipment used, and processes employed. Accordingly, special land uses should not be permitted without consideration of relevant restrictions or conditions being imposed which address their unique characteristics.

(Ord. of 9-5-2006)

A special land use must meet general standards which involve judgment and leave room for interpretation. In general, special land uses are of large scale and/or intensity with a potential impact that goes beyond the subject site and abutting uses. All special uses shall meet the following minimum standards:

(1)

The proposed use must be consistent with the spirit and intent of this article.

(2)

The proposed use must be compatible with adjacent uses of land, the natural environment and the capabilities of affected public services and facilities.

(3)

The proposed use must be consistent with the public health, safety and welfare of the community.

(4)

The proposed use shall be in conformance with the objectives and specific elements of the current adopted master plan of the city and any special studies adopted as amendments thereto.

(5)

A special use must meet any additional standards which are as specified in the district regulations of the applicable zoning district providing for the subject special land use. Reasonable conditions may be required to ensure conformance with the standards specified in this article pursuant to the land development standards.

(6)

Consideration of special land use applications must include, as a minimum, relevant issues, such as parking requirements, traffic considerations, relative size and design of the structure compared to design and size of other neighboring structures, and other related issues prior to considering approval.

(Ord. of 9-5-2006)

(a)

Any person owning or having an interest in the subject property may file an application for special land use approval as provided for in this article.

(b)

The following materials shall be submitted to the city at least 30 days prior to the meeting at which the planning commission first considers the special land use application:

(1)

Payment of the required fee.

(2)

Copies of completed application forms.

(3)

Copies of a site plan meeting the requirements of article VII, Site Plan Review.

(4)

Impact assessment if required by the planning commission; the analysis shall be carried out by qualified individuals and shall include, but need not be limited to, the impact on: natural features, stormwater management, surrounding land uses, public facilities/services, public utilities, and traffic.

(c)

The planning commission shall have the discretion to require an applicant to submit an economic impact study or an environmental impact study if deemed necessary to protect the public interest if in its sole discretion it deems such studies in the best interest of the city.

(Ord. of 9-5-2006)

(a)

The planning commission shall have final review authority for all special land uses.

(b)

Following submission of the required application materials the planning commission shall hold a public hearing. The zoning administrator shall notify the following persons of the application being considered, so the notice is sent not less than 15 days before the date that the application will be considered and the notices sent to:

(1)

The applicant.

(2)

The owner of the property, if different.

(3)

If the special use involves less than 11 adjacent properties. The owners of all real property within 300 feet of the boundary for the property for which the approval has been requested, as shown by the latest assessment roll, regardless of whether the owner and property is located in the city or not.

(4)

If the special use involves less than 11 adjacent properties. Occupants of any structures within 300 feet of the boundary for the property for which the approval has been requested, regardless of whether the owner and property is located in the city or not.

(5)

The general public by publication in a newspaper which circulates in the city.

(6)

The members of the planning commission.

(c)

The notice shall include:

(1)

The nature of the special use permit being requested.

(2)

The property(ies) for which the request has been made.

(3)

If the special use involves less than 11 adjacent properties, also a listing of all existing street addresses within the property(ies) which is(are) subject of the special use. (Street addresses do not need to be created and listed if no such addresses currently exist. If there are no street addresses another means of identification may be used.)

(4)

The location where the application documents can be viewed and copied prior to the date the application will be considered.

(5)

The date, time and location of when the hearing on application will take place.

(6)

The address at which written comments should be directed prior to the consideration.

(7)

For members of the commission only, a complete copy of the special use permit application and supporting documents in the record.

(d)

The planning commission shall review the application in terms of the requirements of section 52-342 and any other applicable standards contained within this chapter, Standards for approval and shall approve, approve with conditions, or deny the application.

(Ord. of 9-5-2006)

(a)

As part of any special land use approval, the planning commission may impose any additional conditions or limitations as, in its judgment, may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the review considerations of section 52-342 standards for approval and the applicable specific regulations imposed by this chapter. Special land use specific requirements must be met.

(b)

The approval of a special land use, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property.

(c)

A record of conditions imposed shall be maintained. The conditions shall remain unchanged unless an amendment to the special land use approval is approved.

(d)

A record of the decision of the planning commission, the reasons for the decision reached, and any conditions attached to such decision shall be kept and made a part of the minutes of the planning commission.

(e)

The building official/zoning administrator shall make periodic investigations of developments authorized by special land use approval to ensure continued compliance with all requirements imposed by the planning commission and this article. Noncompliance with the requirements and conditions approved for the special land use shall constitute grounds for the planning commission to terminate the approval following a public hearing. Such hearing shall be held in accordance with the procedures used for the original hearing and as required by this article.

(Ord. of 9-5-2006)

(a)

In cases where actual physical construction of a substantial nature of the structures authorized by a special land use approval has not commenced within one year of issuance, and a written application for extension of the approval has not been filed as provided below, the approval shall automatically become null and void and all rights thereunder shall terminate.

(b)

Upon written application filed prior to the termination of the one-year period, the planning commission may authorize a single extension of the time limit for a further period of not more than one year. Such extension shall only be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction within the one year extension.

(c)

The granting of a special land use shall allow that particular use to be conforming on the subject property, as long as the standards of this article are maintained.

(d)

Any use for which a special land use approval has been granted and which ceases to continuously operate for a six-month period shall be considered abandoned and the special land use approval shall become null and void.

(e)

No application for a special land use approval which has been denied wholly or in part shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the planning commission.

(Ord. of 9-5-2006)

(a)

Amendments. Any person or agency who has been granted a special land use approval shall notify the building official/zoning administrator of any proposed amendment to the approved site plan of the special land use. The building official/zoning administrator shall determine whether the proposed amendment constitutes a minor or major amendment based on the determination standards for all site plans in accordance with the requirements of article VII, Site Plan Review. A major amendment to a special land use approval shall comply with the application and review procedures contained in this article.

(b)

Expansion or change in use. The expansion, change in activity, reuse, or redevelopment of any use requiring a special land use approval, with an increase of ten percent or greater, of the total square footage of use, shall require resubmittal in the manner described in this article. A separate special land use approval shall be required for each use requiring special land use review on a lot, or for any expansions of a special land use on property which has not previously received special land use approval.

(Ord. of 9-5-2006)

(a)

Outdoor advertising signs.

(1)

Outdoor advertising shall be permitted only in the IND industrial district.

(2)

Outdoor advertising signs shall not exceed 300 square feet in area.

(3)

Outdoor advertising signs shall not exceed 20 feet in height.

(4)

Outdoor advertising signs shall be spaced a minimum of 500 feet from any other non-outdoor advertising sign or building and 1,200 feet from any other outdoor advertising sign.

(5)

Outdoor advertising signs shall be set back at least 100 feet from any property line or any other public right-of-way.

(6)

Outdoor advertising signs shall be set back at least 500 feet from the property lines of any public park, playground, school, residential district, religious institution, or other areas of public assembly as determined by the planning commission.

(7)

Outdoor advertising signs shall not be permitted adjacent to or within 500 feet of an interchange or an intersection. The distance shall be measured from the point of beginning or ending of pavement widening at the exit from, or entrance to, the main traveled way.

(8)

Each face shall exhibit no more than two pictorials and/or two written messages about one use, product, service, goods, event, or facility located on other premises. No face of a sign shall be so designed as to give the impression of more than two signs.

(9)

Any outdoor advertising sign not in use for advertising purposes shall have unused surfaces kept uniformly white in color overall. However, the owner of the sign shall be permitted to place a phone number on it to which inquiries for advertisement may be directed.

(10)

All outdoor advertising signs shall obtain a sign permit to confirm compliance with article IX, Signs.

(11)

Outdoor advertising signs shall comply with all applicable requirements and conditions to P.A. 106 of 1972, as amended, the Highway Advertising Act of 1972. All signs prohibited by the Highway Advertising Act of 1972 are also prohibited by the city.

(Ord. of 9-5-2006; Ord. No. 2021-001, 4-19-2021)

Editor's note— Ord. No. 2020-007, adopted Nov. 2, 2020, repealed § 52-349 which pertained to farm animals, except chickens and ducks and derived from Ord. No. 2011-012, adopted Sep. 19, 2011; and Ord. No. 2015-004, adopted Aug. 4, 2015. Said ordinance added similar provisions as § 52-323, as set out therein.

Editor's note— Ord. No. 2020-007, adopted Nov. 2, 2020, repealed § 52-350 which pertained to raising chickens within the city and derived from Ord. No. 2011-012, adopted Sep. 19, 2011; Ord. No. 2012-002, adopted Feb. 6, 2012; and Ord. No. 2014-009, adopted Oct. 6, 2014. Said ordinance added similar provisions as § 52-324, as set out therein.

Marijuana land uses, because of their unique character and potential impacts on the welfare of adjacent properties and the city, require additional specific requirements. Such requirements are listed below and shall be the specific standards and regulations that must be met in addition to any standards imposed elsewhere for approval.

(1)

All marijuana licensed activities shall comply at all times with the Medical Marijuana Act, Public Act 281 of 2016, the Medical Marijuana Facilities Licensing Act, MCL § 333.27101, et seq., and the Michigan Regulation and Taxation of Marijuana Act, MCL § 333.27951, et seq., and the applicable rules of the State of Michigan, as they may be amended from time-to-time.

(2)

Cultivation shall be conducted so as not to create dust, glare, noise, odors, or light spillage beyond the parcel and shall not be visible from an adjoining public way. Special use permit applications shall address measures contemplated to control all dust, glare, noise, odors, or light spillage. In addition, cultivation shall be conducted so as not to create discharge to the city wastewater treatment system that unduly burdens the city. The special use permit application shall address the amount and type of discharge that will be entering the city wastewater treatment system and subject to review and approval by the city.

(3)

A marijuana facility shall not be located within 1,000 feet of an R-1 or R-2 residential zoning district or within 1,000 feet of any church, State-licensed day care facility, public library, public park, preschool, elementary school, middle school, high school, or public recreation facility.

(4)

A marijuana facility shall obtain a zoning compliance certificate and if the applicant is not the owner of the parcel, such certificate shall include the property owners' consent to the use of the parcel as a marijuana cultivation facility.

(5)

The special use permit application shall include and address all security matters, including security fencing, intrusion alarms to the satisfaction of the planning commission and city commission.

(6)

No marijuana facility may be established, operated, or maintained within 500 feet of any other marijuana facility, except as provided below.

(7)

Distance limitations shall be measured in a straight line from the respective parcel or lot line of both the subject parcels and/or parcels zoned R-1 or R-2, or occupied by special uses specified in this subsection (b)(8).

(8)

No person under 18 years will be admitted to the facility without his or her parent or legal guardian.

(9)

Insofar as multiple state licensed facilities are permitted to be operated under the same roof or in the same facility, this section shall be deemed to permit and encourage any combination of multiple state licensed marijuana operations at one location, or on the same property, or in the same building. For the purposes of this section, multiple licensed facilities may operate on one zoning parcel.

(10)

Uses permitted under Public Act 281 of 2016 the Medical Marijuana Facilities Licensing Act, MCL § 333.27101, et seq., and the Michigan Regulation and Taxation of Marijuana Act, MCL § 333.27951, et seq., and the applicable rules of the State of Michigan, being marijuana growers, secure transport, safety compliance facilities, provisioning centers, and processing centers, shall be subject to a separate license and permit from the city and:

(a)

The fee for the permit shall be as set by the city commission from time-to-time, and

(b)

If at any time the business licensed under this Public Act has the state revoke, suspend, or the business otherwise loses its license, it must immediately shut its doors and the city permit will be considered to be null and void, and

(c)

The permits run annually January 1 to December 31 ^st each year. Permits issued mid-year shall expire December 31 ^st in the year of issue. An initial application shall include a full site plan and regular special use approval. A subsequent application may be processed administratively as a renewal unless there is new licensing, new construction, additions to the facility, or facade improvement of any sort and will not necessitate a full site plan.

(11)

Should a special use permit be issued under this section, and a certificate of occupancy not acquired for the facility within one year of issuance, the special use permit shall lapse.

(Ord. No. 2017-002, 5-15-2017; Ord. No. 2020-004, 10-5-2020; Ord. No. 2023-001, 2-6-2023)