The formulation and enactment of this chapter is based upon the division of the village into districts, each which may permit specific uses, which are mutually compatible, and special land uses. Special land uses are those uses of land which are not essentially incompatible with the uses permitted in a zoning district, but possess characteristics or locational qualities which require individual review and restriction in order to avoid incompatibility with the natural environment of the site, the character of the surrounding area, public services and facilities, and adjacent uses of land. The purpose of this article is to establish equitable procedures and criteria, which shall be applied in the determination of requests to establish special land uses. The standards for approval and requirements provided for under the provisions of this article shall be in addition to others required elsewhere in this chapter and at the same time provide to the planning commission and the property owner some latitude to address site issues in an innovative manner.

(Ord. No. 202, art. 7, § 1, 11-6-2017)

(a)

Authority to grant permits. The planning commission as hereinafter provided shall have the authority to approve, deny, or approve with conditions, as specified in section 42-131, special land uses.

(b)

Application. Application for any special land use permit permissible under the provision of this chapter shall be made to the planning commission through the zoning administrator by filing an official special land use permit application form and submitting a site plan along with the application fee.

(c)

Public hearing for special land uses. After a preliminary review of the site plan and an application for a special land use permit, the planning commission shall hold a hearing on the site plan and special land use permit in accord with the Michigan Zoning Enabling Act, Public Act No. 110 of 2006, MCL 125.3103 and 125.3502.

(d)

Requirements prior to recommendation. Before formulating recommendations for a special land use application, the planning commission shall require that both the following general standards in section 42-131 and any specific standards for uses listed in section 42-133 be satisfied. The planning commission shall review each application for the purpose of determining that each proposed use meets the following standards.

(Ord. No. 202, art. 7, § 2, 11-6-2017)

The planning commission shall review the particular circumstances of the special land use request under consideration in accordance with the requirements for a site plan review, and shall approve the special land use request only upon approval of the site plan and finding of compliance with the following standards:

(1)

Standards for approval.

a.

Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being, of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

b.

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

c.

Be necessary to meet the intent and purpose of the zoning requirements, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

d.

Be consistent with the intent, purpose and recommendations in the master plan.

e.

The proposed use will not have adverse impacts or be disturbing to existing or future neighboring uses.

f.

The proposed use will not create excessive additional requirements at public cost for public facilities, utilities and services.

g.

Meet the standards of other governmental agencies where applicable, and that the approval of these agencies has been obtained or is assured.

(2)

Public hearing. On the appointed date and time the planning commission shall conduct the public hearing on the proposed special use. The hearing may be adjourned to a date certain within a reasonable time for additional fact finding.

(3)

Action of the planning commission. Upon completion of the planning commissions review and upon completion of the public hearing the planning commission may consider a motion for approval, approval with conditions, or denial of the special use application and site plan request. The planning commission may postpone a request to a date certain to allow verification, compilation or submission of additional or supplemental information or to address other concerns or issues. Announcement of the date for the commission to decide upon the matter shall be announced in accord with the provisions of this chapter and the Open Meeting Act, Public Act No. 267 of 1976, as amended.

(4)

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and remain unchanged except upon the mutual consent of the approving authority and the landowner. The approving authority shall maintain a record of conditions which are changed.

(5)

The planning commission may recommend the imposition of the conditions in approving special uses that it deems necessary to fulfill the purpose and requirements of this chapter. The conditions may include those necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating any increased service and facility loads caused by the special land use or any activity connected with it, to protect the natural environment, conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the arrangement of the use of land in a socially and economically desirable manner.

(6)

Expiration of special land use permits, extension.

a.

An approved special land use permit shall expire two years following approval by the planning commission. Upon written request stating the reasons therefor, the planning commission shall extend a special land use permit for an additional one-year period if the evidence shows the following:

1.

The conditions necessitating the delay in the construction and compilation of the project are reasonably beyond the control of the applicant.

2.

The requirements and standards, including those of this chapter that reasonably related to the development, have not changed.

3.

Development or redevelopment in the proximity of the approved special land use permit has not changed conditions impacting the site.

4.

There has not been a change in state or federal law, local Charter, or other local ordinance prohibiting the construction or further construction of the approved project.

b.

An application for an extension of a special land use permit must be filed at least 60 days prior to the expiration of the original special land use permit or the expiration of any extension previously approved by the village, whichever is applicable. The application form for requesting an extension shall be provided by the village and can be obtained from the zoning administrator. An application fee for an extension is required and is nonrefundable. The village board shall, by resolution, establish the amount of the application fee for the renewal. The renewal is only applicable to the property subject to the originally approved special land use permit.

c.

Any such recommendation for an extension is subject to reasonable conditions requested by the planning commission, including, if necessary, the implementation of a new or additional performance guarantee requirement pursuant to article X of this chapter.

d.

If a special land use permit expires pursuant to the above, no work pursuant to a special land use permit may be undertaken until a new special land use permit is obtained from the planning commission following the procedures contained in the zoning ordinance for a new special land use permit.

(Ord. No. 202, art. 7, § 3, 11-6-2017)

A review of an application and site plan requesting a special land use permit shall be made by the planning commission in accordance with the procedures and standards specified in this chapter. If a submitted application and site plan does not meet the requirements of this chapter, they shall not be approved. However, if the applicant agrees to make changes to the site plan and application in order to bring them into compliance with this chapter, such changes shall be allowed and shall be either noted on the application or site plan itself, or attached to it, or these documents shall be resubmitted incorporating said changes. If the facts in the case do not establish competent material and substantial evidence that the standards set forth in this chapter will apply to the proposed special land use, the planning commission shall not grant a special land use permit. The planning commission may impose conditions with the approval of a special land use permit application and site plan which are necessary to ensure compliance with the standards for approval stated in this section and any other applicable standards contained in this chapter or other applicable ordinances and regulations. Such conditions shall be considered an integral part of the special land use permit and approved site plan and shall be enforced by the zoning administrator. These conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

(Ord. No. 202, art. 7, § 4, 11-6-2017)

(a)

Validity of permit. Once the special land use is established and the conditions of the permit are fulfilled, the special land use permit shall be valid until such time that there is a change of conditions or use related to the permit as permitted by the planning commission. The planning commission reserves the right to review, with the applicant and the zoning administrator, the status of special land use permits on an annual basis.

(b)

Permit revocation. The planning commission shall have the authority to revoke special land use permits which have been approved following a public hearing which allows both the village and the applicant to argue and present evidence regarding whether the special land use permit should be revoked, if construction of the approved improvements does not proceed in conformance with the approval of the site plan and/or the property is not utilized in a manner which complies with the special land use permit. Upon discovery of a violation, the zoning administrator shall issue a stop-work order for any construction not in compliance with the permit and/or a notice to appear for a hearing before the planning commission. Notice of the hearing date shall be provided to the applicant no less than ten days prior to the date of the hearing.

(Ord. No. 202, art. 7, § 5, 11-6-2017)

(a)

The zoning administrator may authorize insignificant deviations in special use permits if the resulting use will still meet all applicable standards and requirements of this chapter. A deviation is insignificant if the zoning administrator determines it will result in no discernible changes to or impact on neighboring properties, the general public, or those intended to occupy or use the proposed development and will not noticeably change or relocate the proposed improvements to the property.

(b)

The planning commission may permit minor modifications in special use permits if the resulting use will still meet all applicable standards and requirements of this chapter. The planning commission may decide minor modifications without a formal application, public hearing, or payment of an additional fee. For purposes of this subsection, minor modifications are those the zoning administrator determines have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

(c)

All other requests for amendments to special use permits shall be processed in the same manner as new special use permit applications. The village may impose new conditions on the approval of an amendment request if such conditions are warranted. The holder of the special use permit may reject such additional conditions by withdrawing the request for an amendment and proceeding under the existing special use permit.

(d)

The holder of a special use permit may request changes under this section by making the request in writing to the zoning administrator. Approval of all changes must be given in writing.

(Ord. No. 202, art. 7, § 6, 11-6-2017)

The following land uses have been determined to be those that serve an area larger than the village and as a result require additional standards for approval in addition to those addressed.

(Ord. No. 202, art. 7, § 7, 11-6-2017)

(a)

All junk yard uses shall be established and maintained in accordance with all applicable state statutes.

(b)

The applicant shall be required to file a cash bond, performance bond or irrevocable letter of credit of sufficient amount, or other guarantees, to assure reclamation of the site.

(c)

The site shall be a minimum of ten acres in size.

(d)

A solid fence or wall at least eight feet in height shall be provided around the entire periphery of the site.

(e)

All activities, equipment, or material shall be confined within the fenced-in area and there shall be no stacking of material above the height of the fence, or wall.

(f)

All fenced-in areas shall be set back at least 100 feet from the front street or highway right-of-way line. Such front yard setback shall be landscaped with plant materials as approved by the planning commission to minimize the appearance of the installation.

(g)

No open burning shall be permitted.

(h)

Whenever the installation abuts upon property within a residential district, a transition strip at least 200 feet in width shall be provided between the fenced-in area and the property within a residential district. Such strip shall contain plant materials, grass, and structural screens of a type approved by the planning commission to effectively minimize the appearance of the installation.

(i)

The use shall not be located in such a manner that the yard is below the grade of the highway or the adjacent property owner where the fence specified in subsection (d) of this section is rendered useless for screening the junk yard.

(Ord. No. 202, art. 7, § 8, 11-6-2017)

(a)

The number of mobile homes shall not exceed the number obtained by dividing the total square foot area of the mobile home park by 3,200.

(b)

Twenty-five feet shall be maintained between mobile homes, and between mobile homes and buildings.

(c)

Each mobile home site shall abut or face a concrete or asphalt surfaced driveway, roadway, or street of not less than 24 feet in width, which shall have unobstructed access to a public highway or street.

(d)

Each mobile home park providing more than four mobile home sites shall provide suitable playground area of not less than 300 square feet per mobile home.

(e)

Each mobile home park shall provide sanitary facilities and water supply in accordance with the standards of and meeting the approval of the state board of health and of the village engineer. No special permit for mobile home parks shall be granted until approved by the state board of health and the village engineer.

(f)

Electrical facilities provided to each lot must meet the electrical code requirements. Mobile home parks having ten or more lots must provide an overhead street light or night light operating at night. One street light must be provided for each ten lots or portion thereof within the park.

(g)

No certificate of occupancy shall be granted until after certification of compliance with the requirements of the village engineer. All special permits of mobile home parks shall be temporary and shall be valid only during the period that the park complies with the requirements of the village engineer.

(h)

Said mobile home park shall comply with all other applicable state statutes, rules and regulations.

(Ord. No. 202, art. 7, § 9, 11-6-2017)

(a)

From and after the effective date of the ordinance from which this chapter is derived, it shall be unlawful for any person, firm, corporation, partnership, or any other organization or entity to strip greater than 2,000 cubic yards of topsoil, sand, clay and gravel or similar material, or to use lands for filling within the village without first submitting a site plan and procuring approval from the planning commission.

(b)

A separate site plan approval will not be required for excavation or fill activities associated with building construction pursuant to a duly issued building permit. However, where sand, gravel, topsoil, or other substances are removed from the site where found and taken to another site, site plan approval is needed for the receiving site.

(c)

Site plan application. A separate site plan shall be required for each separate excavation or fill site, in addition to the site plan requirements listed in article VII of this chapter.

(d)

Site plan review (all districts); site plan data required. A site plan prepared under this section shall also include:

(1)

Names and addresses of parties interested in said premises setting forth their legal interest in said premises.

(2)

Full legal description of the premises where operations are proposed.

(3)

Detailed proposal as to method of operation, what type of machinery or equipment will be used, and estimated period of time that such operation will cover.

(4)

Detailed statement as to exactly what type of material is proposed to be extracted or deposited.

(5)

Proposed method of filling excavation and/or other means to be used to allow for the reclamation of lands to a usable purpose.

(6)

Such other information as may be reasonably required by the planning commission to base an opinion as to whether the site plan should be approved or not.

(e)

The sand and gravel operations application shall provide information to confirm compliance with the following standards:

(1)

Hours of operation. The operation of mechanical equipment of any kind shall be limited by the day and/or the hour. Site specific hours of operation for mining, processing and reclamation activities must be approved, but shall not exceed the following schedule Monday through Saturday, excluding legal holidays, during the following times:

a.

Mining or extracting operations, and processing and stockpiling of aggregates shall occur only between the hours of 7:00 a.m. and 6:00 p.m.

b.

Loading and hauling operations shall occur only between the hours of 7:00 a.m. and 8:00 p.m.

c.

Equipment maintenance and repair shall occur only between the hours of 7:00 a.m. and 9:00 p.m.

(f)

Screening. Fences, berms, walls, and visual screening devices may be required, if necessary, in the opinion of the planning commission, to protect adjoining properties and/or ensure the health, safety and welfare of persons near the site. Factors of safety and aesthetics shall be addressed.

(g)

Noise, dust, debris. All processing equipment and activities and all storage areas shall be treated, covered, muffled, or otherwise controlled to prevent excessive dust, debris, or other impacts beyond the property line. Noise levels shall not exceed 70 dBA at the property line. Any trucks hauling material to or from the site shall be enclosed or covered to prevent materials from blowing or falling out of the trucks.

(h)

Groundwater impact. Extractive operations shall be managed and designed so as to not cause any negative impact on groundwater and potable water supply, whether as a result of contamination or reduction in the rate and volume of flow.

(i)

Road impact. Extractive operations shall be managed and designed to have minimum negative impact on existing roadways. The truck route to be utilized in the accessing of the extraction site shall be designated and subject to approval by the planning commission. Dust caused by truck traffic of the entrance drive is to be treated as needed with dust suppression material.

(Ord. No. 202, art. 7, § 10, 11-6-2017)

The purpose and intent of this sections pertains to the regulation of sexually oriented businesses and their location and operation of, but not to exclude, sexually oriented businesses within the village, and to minimize their negative secondary effects. It is recognized that sexually oriented businesses, because of their very nature, have serious objectionable operational characteristics which cause negative secondary effects upon nearby residential, educational, religious and other similar public and private uses. The regulation of sexually oriented businesses is necessary to ensure that their negative secondary effects will not contribute to the blighting and downgrading of surrounding areas and will not negatively impact the health, safety and general welfare of village residents. The provisions of this section are not intended to offend the guarantees of the First Amendment to the United States Constitution or to deny adults access to sexually oriented businesses and their products, or to deny sexually oriented businesses access to their intended market. Neither is it the intent of this section to legitimatize activities which are prohibited by village ordinance, state or federal law. If any portion of this section relating to the regulation of sexually oriented businesses or referenced in those sections is found to be invalid or unconstitutional by a court of competent jurisdiction, the village intends said portion to be disregarded, reduced and/or revised so as to be recognized to the fullest extent possible by law. The village further states that it would have passed and adopted what remains of any portion of this section relating to regulation of sexually oriented businesses following the removal, reduction or revision of any portion so found to be invalid or unconstitutional.

(1)

No sexually oriented business shall be permitted in a location in which any principal or accessory structure, including signs, is within 1,000 feet of any principal or accessory structure of another sexually oriented business.

(2)

No sexually oriented business shall be established on a parcel which is within 1,000 feet of any parcel zoned R-1 or R-2.

(3)

No sexually oriented business shall be established on a parcel within 1,000 feet of any residence, park, school, child care organization, or place of worship, or other sexually oriented business. This distance 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 residence, school, child care organization, place of worship, or other sexually oriented business.

(4)

The proposed use shall conform to all specific density and setback regulations, etc., of the zoning district in which it is located.

(5)

The proposed use must meet all applicable written and duly promulgated standards of the village and other governments or governmental agencies having jurisdiction, and to the extent required, the approval of these governments and/or governmental agencies has been obtained or is reasonably assured.

(6)

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

(7)

Any sign proposed for the sexually oriented business must comply with the provisions of this chapter, and shall not otherwise include photographs, silhouettes, drawings, or pictorial representations of any type, or include animated or flashing illumination.

(8)

Entrances to the proposed sexually oriented business must be posted on both the exterior and interior walls, in a location clearly visible to those entering and exiting the business, and using lettering no less than two inches in height that:

a.

"Persons under the age of 18 are not permitted to enter the premises"; and

b.

"No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

(9)

No product or service for sale or gift, or any picture or other representation of any product or service for sale or gift, shall be displayed so as to be visible from the nearest adjoining roadway or a neighboring property.

(10)

Hours of operation shall be limited to 8:00 a.m. to 12:00 midnight.

(11)

All off-street parking areas shall be illuminated during all hours of operation of the sexually oriented business, and until one hour after the business closes.

(12)

Any booth, room or cubicle available in any sexually oriented business, excepting an adult motel, used by patrons for the viewing of any entertainment characterized by the showing of specified anatomical areas or specified sexual activities:

a.

Is handicap accessible to the extent required by the Americans With Disabilities Act;

b.

Is unobstructed by any door, lock or other entrance and exit control device;

c.

Has at least one side totally open to a public, lighted aisle so that there is an unobstructed view at all times from the adjoining aisle of any occupant;

d.

Is illuminated by a light bulb of wattage of no less than 25 watts; and

e.

Has no holes or openings in any side or rear walls.

(Ord. No. 202, art. 7, § 11, 11-6-2017)

(a)

Transmission and communication towers, public utility microwaves and public utility T.V. or radio transmitting towers, and their attendant facilities, shall be permitted by the planning commission after a public hearing when all standards of this section are met. All guy wires/cables and anchors associated with a proposed tower shall comply with the setback regulations of the zoning district in which located. Safety markings and/or physical barriers for all guy wires and anchors may be required by the planning commission, upon a finding that such safety markings and/or physical barriers are necessary for the public safety or for the safety of the occupants of the property on which the guy wires or anchors will be located. In addition, except as provided herein, each such proposed tower shall be set back from a public or private road right-of-way and shall be set back from a lot line a distance equal to the tower safety zone. The planning commission, however, may reduce the setback distance, but in no event less than the applicable setback requirement for structures in the zoning district in which located, if it finds all of the following standards are met:

(1)

The established tower safety zone shall not extend into a public or private road right-of-way or onto an adjacent lot in an area where an existing residential structure is located under the requirements of this chapter.

(2)

If any portion of the established tower safety zone is located on an adjacent lot, the owners of the adjacent lot shall consent in writing to the reduced setback and shall agree to record deed restrictions acknowledging and accepting the potential increased risk, due to the reduced setback. Such deed restrictions shall run with the adjacent lot for as long as the tower is erected. The deed restrictions shall be in recordable form and shall be subject to the approval of the village attorney.

(3)

Due to existing topography, existing structures, vegetation or other existing natural or human-made features, the proposed location of the tower with the reduced setback shall be no more visually obtrusive than the location of the tower under the normal setback regulations.

(b)

Transmission and communication towers, public utility microwaves and public utility T.V. or radio transmitting towers shall be constructed as freestanding structures (monopole or lattice towers, as approved by the planning commission) unless the applicant can demonstrate that such a structure cannot accommodate the user or future co-locators. Towers shall have a neutral surface finish color to reduce the visual obtrusiveness, except as otherwise required by a state or federal agency.

(c)

Transmission and communication towers, public utility microwaves and public utility T.V. or radio transmitting towers shall not be used for advertising purposes nor shall such tower display any signs other than one sign, not to exceed two square feet, which identifies the service provider and an emergency telephone number. These restrictions shall not apply to any safety signs placed on the security fence or tower.

(d)

Transmission and communication towers, public utility microwaves and public utility T.V. or radio transmitting towers, and their attendant facilities, shall be enclosed by a security fence not less than six feet in height. The planning commission shall review the need for the installation of anti-climbing devices and make a determination based on adjacent land use and zoning patterns.

(e)

Transmission and communication towers, public utility microwaves and public utility T.V. or radio transmitting towers, and their attendant facilities, shall be effectively screened to obscure views of the tower base, shelter, security fencing or guy wire anchors from adjacent uses and public rights-of-way.

(f)

Transmission and communication towers, public utility microwaves and public utility T.V. or radio transmitting towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternative approved by the planning commission shall cause the least disturbance possible.

(g)

The approval for any of the above-mentioned towers shall cease when the tower is no longer used for the purpose for which the permit was initially granted.

(h)

The applicant shall be responsible for the maintenance of any permitted tower, in a safe condition, for as long as the tower remains in operation, and shall dismantle the tower within nine months after operations cease. The applicant shall post a bond for the dismantling of the tower, the amount of which shall be based on the size and type of tower.

(i)

The multiple-use of each tower shall be encouraged to limit the number of towers within the village. The village reserves the right to deny a permit for a new tower if any existing tower can be adapted to serve the expressed need.

(j)

No antenna or similar sending/receiving devices appended to the tower, following its approved construction, shall be permitted if it exceeds the engineered design capacity of the tower, thereby jeopardizing the tower's structural integrity.

(k)

The installation and/or operation of the above-mentioned towers, antennas or facilities shall not interfere with normal radio/television reception in the area. In the event interference occurs, it shall be the sole responsibility of the owner to rectify the situation with the parties involved.

(l)

The maximum height for a transmission and communication tower, utility microwave, and public utility T.V. or radio transmitting tower shall be 99 feet. The planning commission may approve an increased height for these towers, not to exceed 300 feet, if both of the following conditions are met:

(1)

The need for the increased height is the result of a stand of trees, existing land forms, or structures that would substantially hinder the reception/transmission of an antenna on the tower.

(2)

The increased height is the minimum necessary to achieve a reasonable level of antenna reception/transmission on the tower. A reasonable level of antenna reception is not equivalent to maximizing the antenna reception. The planning commission shall not grant the increased height if the reasonable level of antenna reception/transmission is not met due to the use of inefficient equipment that does not utilize current commercial technologies.

(Ord. No. 202, art. 7, § 12, 11-6-2017)

(a)

A commercial medical marihuana facility may be authorized to operate within the village by the holder of a state operating license, pursuant to PA 281 of 2016, as may be amended, the rules promulgated thereunder, and all applicable local ordinances.

(b)

No commercial medical marihuana facility shall be located within 1,000 feet of any school, with the minimum distance being measured along the center line of the street or streets of address between two fixed points on the center line determined by projecting straight lines, at right angles, to the center line, from the part of the school building nearest to the contemplated location and from the part of the contemplated location nearest to the school.

(c)

All commercial medical marihuana facilities shall be located within the boundaries of the commercial marijuana facilities (CMF) overlay district as defined and authorized under this section as amended.

(d)

Outdoor trash containers or dumpsters may be required to control the disposal of waste or by-products from any facility operation. When required, an outdoor trash container or dumpster shall be subject to the following:

(1)

The placement of the container shall be subject to site plan review.

(2)

Adequate vehicular access shall be provided to the container which does not conflict with the use of the parking areas or access drives.

(3)

All containers shall rest on a concrete pad.

(4)

A solid ornamental screening wall or fence shall be provided around all sides of the container and shall include an access gate. The screening wall or fence and gate shall be of sufficient height to completely screen the container.

(5)

The container, screening wall or fence, and gate shall be maintained in a neat and orderly manner, free from debris.

(e)

A commercial medical marihuana facility shall be reviewed in consideration of the following:

(1)

Lighting. The placement and arrangement of outdoor lighting serving the facility shall provide adequate security and visibility.

(2)

Noise. Noise and vibration shall be minimized in their effect upon the surrounding area by the utilization of modern equipment designed to accomplish such minimization and the use of walls and vegetative buffers/screens.

(3)

Odor. Odor shall be minimized in its effect upon the surrounding area by the utilization of a modern odor control system designed to accomplish such minimization and operational procedures.

(4)

Environmental. Information on the storage and use of products, water and energy consumption, and waste disposal associated with a facility will be required to allow for an assessment of potential impacts on the site and surrounding area and the applicability of state and local regulations.

(5)

Traffic. A facility shall be located in consideration of the ingress/egress, loading and travel patterns of the traffic associated with the operation of the facility, with specific attention toward avoiding the creation of traffic through a predominantly residential area.

(6)

Security. Security measures, such as fencing, access controls, and video surveillance, will be considered in determining the ability of the facility to adequately provide for public safety.

(7)

Impact on neighboring property. Barriers and/or buffers, facility separations, and/or operational requirements may be applied to minimize identified injurious or annoying impacts on surrounding properties.

(8)

Annual review. A facility shall be subject to an annual review by the Planning Commission to confirm compliance with the Special Land Use Permit and the provisions of this article.

(Ord. No. 2019-002, § IV, 9-9-2019)

(a)

A marihuana establishment may be authorized to operate within the village by the holder of a state operating license, pursuant to PA 281 of 2016, as may be amended, the Rules promulgated thereunder, and all applicable local ordinances.

(b)

No marihuana establishment shall be located within 1,000 feet of any school, with the minimum distance being measured along the centerline of the street or streets of address between two fixed points on the centerline determined by projecting straight lines, at right angles, to the centerline, from the part of the school building nearest to the contemplated location and from the part of the contemplated location nearest to the school.

(c)

All marihuana establishments shall be located within the boundaries of the commercial marijuana facilities (CMF) overlay district as defined and authorized under Article 6, Section 1 as amended.

(d)

Outdoor trash containers or dumpsters may be required to control the disposal of waste or by-products from any facility operation. When required, an outdoor trash container or dumpster shall be subject to the following:

(1)

The placement of the container shall be subject to site plan review.

(2)

Adequate vehicular access shall be provided to the container which does not conflict with the use of the parking areas or access drives.

(3)

All containers shall rest on a concrete pad.

(4)

A solid ornamental screening wall or fence shall be provided around all sides of the container and shall include an access gate. The screening wall or fence and gate shall be of sufficient height to completely screen the container.

(5)

The container, screening wall, fence, and gate shall be maintained in a neat and orderly manner, free from debris.

(e)

A marihuana establishment shall be reviewed in consideration of the following:

(1)

Lighting. The placement and arrangement of outdoor lighting serving the facility shall provide adequate security and visibility.

(2)

Noise. Noise and vibration shall be minimized in their effect upon the surrounding area by the utilization of modern equipment designed to accomplish such minimization and the use of walls and vegetative buffers/screens.

(3)

Odor. Odor shall be minimized in its effect upon the surrounding area by the utilization of a modern odor control system designed to accomplish such minimization and operational procedures.

(4)

Environmental. Information on the storage and use of products, water and energy consumption, and waste disposal associated with a facility will be required to allow for an assessment of potential impacts on the site and surrounding area and the applicability of state and local regulations.

(5)

Traffic. A facility shall be located in consideration of the ingress/egress, loading and travel patterns of the traffic associated with the operation of the facility, with specific attention toward avoiding the creation of traffic through a predominantly residential area.

(6)

Security. Security measures, such as fencing, access controls, and video surveillance, will be considered in determining the ability of the facility to adequately provide for public safety.

(7)

Impact on neighboring property. Barriers and/or buffers, facility separations, and/or operational requirements may be applied to minimize identified injurious or annoying impacts on surrounding properties.

(8)

Annual review. A facility shall be subject to an annual review by the planning commission to confirm compliance with the special land use permit and the provisions of this section.

( Ord. No. 2019-005 , § IIIA, 10-7-2019)

Editor's note— Ord. No. 2019-005 , § IIIA, adopted October 7, 2019, added provisions that were not specifically amendatory. At the editor's discretion, said provisions have been added as § 42-142.