In order to make this Zoning Code a flexible zoning control and still afford protection of property values and orderly and compatible development of property in the City of Coopersville, the Planning Commission, and for planned unit developments, the City Council, may approve the location of certain uses in the various zoning districts, which uses are designated in this Zoning Code as special land uses.

Such special land uses have been selected because of their unique characteristics which, in the particular zoning district involved, under certain physical circumstances and without proper controls and limitations, could cause a special land use to be incompatible and detrimental to permitted uses in the zoning district. Special land uses shall require a special land use permit.

(Ord. 195. Passed 4-9-90.)

The following special land uses may be allowed with approval in the zoning districts specified, and when the Planning Commission, and for planned unit developments, the City Council, determines that an application for a special land use meets all the restrictions and requirements of this Zoning Code:

(a)

Farms with livestock, chicken hatcheries, poultry farms, and riding stables in the AG District;

(b)

Roadside market stands in the AG, R-1, C-1 and MSD Districts;

(c)

Automobile service stations in the C-1 and C-2 Districts;

(d)

Kennels in the AG and C-1 Districts;

(e)

Drive-through restaurants, banks and other drive-through establishments in the C-1 and C-2 Districts;

(f)

Television and radio towers in the AG, I-1 and I-2 Districts;

(g)

Sports arenas, commercial recreation facilities, racetracks and stadiums in the AG, C-1, MSD, I-1 and I-2 Districts;

(h)

Night clubs in the C-1 District;

(i)

Planned unit developments, other than industrial park planned unit developments, in the AG, R-4, C-1 and MSD Districts (see Chapter 1264);

(j)

Industrial park planned unit developments in the I-1 District;

(k)

Governmental and civic public facilities in the C-1, MSD, I-1, I-2, AG, R-1, R-2, R-3 and R-4 Districts (see Chapter 1266);

(l)

Educational and welfare public facilities in the R-1, R-2, R-3, R-4, C-1, MSD, AG, I-1 and I-2 Districts (see Chapter 1266);

(m)

Recreational public facilities in the AG, R-1, R-2, R-3, R-4, C-1, MSD, I-1 and I-2 Districts (see Chapter 1266);

(n)

Office uses in the R-3 and R-4 Districts;

(o)

Upper floor apartments in the C-2 District only;

(p)

Parking lots, public or private, in the C-2 District;

(q)

Multiple-family dwellings in the C-2 District;

(r)

Railroad maintenance facility west of Eastmanville Street in the C-2 District;

(s)

Grain elevators and farm service stores west of Eastmanville Street in the C-2 District;

(t)

Auction facilities in the I-1 District;

(u)

Automobile auction facilities in the I-1 District;

(v)

Self-service storage facilities, interior access in the C-1 District; and

(w)

Self-service storage facilities, interior and/or exterior access in the I-1 and I-2 districts.

(Ord. 229. Passed 12-13-93; Ord. 286. Passed 1-13-97; Ord. 465. Passed 5-11-15; Ord. 529. Passed 8-14-23.)

The following procedure for consideration of a special land use permit application shall be followed:

(a)

The applicant shall discuss the proposed project with the Planning Director. If the Planning Director determines that a special land use permit is the appropriate action, the applicant shall be given a special land use permit application. The application for a special land use permit shall be submitted at least thirty days prior to the next regular Planning Commission [meeting]. The application shall be submitted by all owners of interest in the land for which site plan approval is sought, or the designated agent of the owner. The applicant or a designated representative must be present at all scheduled meetings/hearings, or consideration of the application shall be tabled due to lack of representation.

(b)

The applicant shall complete the application and submit it to the City Clerk along with the application fee. The application shall not be processed unless the application fee is paid in full. The fee shall be determined by City Council as part of an overall zoning administration fee schedule, and shall be established at an amount to cover the costs of the review process.

(c)

Upon receipt of the completed application and fee, the City Clerk shall verify the property's parcel number(s) and legal description(s).

(d)

The City Clerk shall contact the Planning Commission Chairperson to determine a date for public hearing, if a public hearing is required to be held.

(e)

The City Clerk shall mail a notice of public hearing by first class mail to the applicant and all persons to whom real property is assessed within 300 feet of the subject property, and the occupants of all structures within 300 feet of the subject property. Such notice shall not be given less than fifteen days before the date of the hearing. The City Clerk shall also notify the Planning Director, Planning Commission members, City Assessor, and the Board of Zoning Appeals Chairperson.

(f)

The City Clerk shall publish a notice of public hearing in one newspaper of general circulation in the City, not less than fifteen days or more than thirty days before the date of the hearing.

(g)

The notice shall contain the following information:

(1)

Name of applicant;

(2)

Legal and general description of property;

(3)

A description of the requested special land use; and

(4)

The date, time and place of the public hearing; and the place and time period within which written comments may be submitted.

(h)

At the public hearing, the Planning Commission shall allow the public to present oral and written comments about special land use application. Public comments received shall be considered and evaluated.

(i)

Following the public hearing the Planning Commission shall make a decision regarding the special land use application within thirty days, unless additional time is needed to gather further information regarding the request. The Planning Commission shall either approve, approve with conditions, or deny the special land use application. The Planning Commission motion must be passed by majority vote.

(j)

For planned unit developments, the Planning Commission, by motion, shall make a recommendation to City Council to approve, approve with conditions, or deny the special land use application.

(k)

The pertinent facts considered and the reasons for the Planning Commission motion made shall be put in writing in a summary report, which for planned unit developments shall be provided to City Council. The summary report shall include the recommendation; a summary of comments made at the public hearing; and detailed findings concerning the special land use application based on conformance with the review standards in Section 1285.06 of this Zoning Code; consistency with the City of Coopersville Master Plan; and compatibility with adjacent uses of land, the natural environment, and the capacities of public services and facilities.

(l)

For planned unit developments, at the next regularly scheduled City Council meeting, the City Council shall review the Planning Commission recommendation and make a motion to approve, approve with conditions, or deny the special land use application. The pertinent facts considered and reasons for the action taken shall be put in writing. The special land use application must be passed by majority vote.

(m)

After the special land use permit has been granted, two copies of the granted permit and site plan shall be signed and dated by the City Clerk, one for the record and one to be submitted to the applicant. The City Clerk shall also notify the Planning Commission Chairperson, Board of Zoning Appeals Chairperson, Planning Director, Building Inspector, City Engineer and City Assessor.

(n)

Applications for special land use permits that have been denied by the Planning Commission, and for planned unit developments, the City Council, may not be appealed to the Board of Zoning Appeals as provided by the City or Village Zoning Act, Act 207 of the Public Acts of 1921, as amended.

(o)

No authorization for a special land use shall be valid for longer than two years, unless an extension is obtained from the Planning Commission or unless a building permit for construction or alteration is obtained within such period and such construction or alteration is started and proceeds to completion in accordance with the terms of such permit.

No special land use permitting a use of a building or premises shall be valid for longer than two years, unless an extension is obtained from the Planning Commission or unless such use is established within such period.

(Ord. 195. Passed 4-9-90; Ord. 234. Passed 5-23-94; Ord. 454. Passed 1-13-14.)

In authorizing a special land use permit, the Planning Commission, and for planned unit developments, the City Council, may, in addition to the review standards called for in Section 1286.05, attach thereto such other conditions regarding the location, character, landscaping or treatment reasonably necessary to the furtherance of the intent and spirit of this Zoning Code and the protection of the public interest. Such conditions shall be attached to the special land use permit in the same manner as site plan conditions pursuant to Chapter 1284 of this Zoning Code.

(Ord. 195. Passed 4-9-90.)

A special land use shall not be granted a special land use permit to locate within the particular zoning district in which it is listed unless and until the Planning Commission is satisfied that the special land use is appropriate in consideration of the following review standards:

(a)

The establishment, maintenance or operation of the special land use would not be detrimental to or endanger the public health, safety or general welfare.

(b)

The special land use's location, size, height of buildings, walls, fences, and structures, nature and intensity of activities involved, access to existing and future streets, parks, and drainage would not be injurious to the use and enjoyment of, or diminish and impair property values of, other buildings, structures, and uses in the immediate vicinity that are permitted by right under current zoning regulations.

(c)

The establishment of the special land use would not impede the normal and orderly development and improvement of the surrounding property for uses permitted by right in the zoning district, or the safety and convenience of persons therefrom.

(d)

The special land uses' location, size, height of buildings, walls, fences, and structures, nature and intensity of activities involved, access to existing and future streets, parks, and drainage would be consistent with the City of Coopersville Comprehensive Community Plan and would contribute to the character of development envisioned in the Plan for the area affected.

(e)

Adequate utilities, access roads, drainage, and necessary facilities have been or would be provided.

(f)

Adequate measures have been or would be taken to provide ingress and egress so designed as to minimize traffic hazards and congestion in the public streets, and traffic impacts generated by the special land use would be accommodated.

(g)

The site would be accessible to police and fire protection, and hazards arising from the use and storage of flammable materials would be minimal.

(h)

The operations in connection with the special land use would not be environmentally objectionable to nearby buildings, structures, or uses due to noise, odors, fumes, vibration, light, or other pollution to a degree more than would be expected of any use permitted by right in the zoning district in which the special land use in proposed.

(i)

The special land use shall, in all other respects, conform to the applicable regulations of the zoning district in which it is located and to any additional conditions or procedures as specified in this chapter.

(j)

With respect to automobile auction facilities, the following additional standards shall apply:

(1)

Sale of new and used automobiles are permitted.

(2)

The outdoor display of banners, flags, balloons or similar promotional items will be subject to Ordinance 451, Signs, Chapter 1282 of the Code of Ordinances of the City of Coopersville.

(3)

The exterior display of vehicles or exterior automobile storage shall be permitted within the side and rear yards only.

(4)

The sale of commercial vehicles shall be permitted.

(5)

No single vehicle offered for sale shall remain on the premises for longer than forty-five days.

(6)

Auctioneering and sales activities shall be conducted within the principal building.

(7)

There shall be no disassembly of vehicles permitted on site other than in an enclosed building.

(8)

The prevent a concentration of similar uses, an automobile auction facility shall not be located within 750 feet of another automobile auction facility, used automobile sales facility or commercial vehicle sales facility. Distance shall be measured from lot line to lot line using a straight line. This shall not preclude more than one such use being located on the same site as part of a single facility.

(k)

With respect to self-service storage facilities, the following additional standards shall apply:

(1)

The Planning Commission may require a ten-foot fence or wall to be constructed along the rear and/or sides of the lot to keep trash, paper, and other debris from blowing off the premises.

(2)

The main and accessory buildings shall be located a minimum of forty feet from any residential use.

(3)

Hazardous, toxic, perishable, or obnoxious goods or products shall be prohibited.

(4)

Outside storage of any items including vehicles, boat trailers, building materials or similar items is prohibited.

(5)

No portion of the building or buildings (excluding the actual leasing office) shall be used for any business activity.

(6)

Storage units with exterior doorways shall be accessed by a durable pavement drive aisle that is a minimum of twenty-four feet wide.

(Ord. 195. Passed 4-9-90; Ord. 465. Passed 5-11-15; Ord. 529. Passed 8-14-23.)