This article permits detailed review of certain types of land uses that, because of their characteristics, require a discretionary decision. Land uses requiring special considerations are listed in the remaining sections of this article. Each of these land uses shall require a special use permit. The general standards in this section must be met by all uses authorized by special use permit.

(Ord. of 11-6-2017, § 4.1)

An application for a special use permit for any land use or structure permitted under this article shall be submitted and processed under the following procedures:

(1)

Submission of application. An application for a special use permit shall be submitted to the zoning administrator on a form established by the city. Each application shall be accompanied by the payment of a fee as established by the city council to cover costs of processing the application. No part of any fee is refundable.

(2)

Information required. Every application shall contain the following information:

a.

The form supplied by the city zoning administrator filled out in full by the applicant, including a statement with supporting evidence showing that the requirements of section 44-346 are met.

b.

Site plan application containing the information required by section 44-348.

(3)

Planning commission review and hearing. The zoning administrator shall review the application and determine whether it contains all of the required information. If the zoning administrator determines the application is not complete, he shall notify the applicant of what additional information is required. Once the zoning administrator determines the application is complete, he shall inform the planning commission, who shall set the date for a public hearing on the application. The city shall give notice of the public hearing pursuant to the Michigan Zoning Enabling Act, MCL 125.3101 et seq. The planning commission may also keep the public hearing open for any additional planning commission meetings where the application is discussed. After the public hearing, and adequate review and study of the application, the city planning commission shall recommend a decision on the application, including the application for site plan approval, and forward its findings to the city council. If a separate document is not prepared, the planning commission's meeting minutes will serve as its findings.

(4)

City council review and hearing. The city council shall review the application, including the application for site plan approval, and the planning commission's recommendations, and shall decide whether to approve, approve with conditions, or deny the special use permit. The city council may also refer the application back to the planning commission for further consideration. The city council shall incorporate its final decision on a special use permit in a statement of findings and conclusions which specifies the basis for the decision and any conditions imposed. If a separate document is not prepared, the city council's meeting minutes (and, to the extent it concurs with the recommendations, the planning commission's meeting minutes) will serve as the city council's findings.

(5)

Permit expiration. A special use permit approved under this section shall be valid for a period of one year from the date of the approval of the application. If construction has not commenced and proceeded meaningfully toward completion by the end of this period, the zoning administrator shall notify the applicant in writing of the expiration of said permit. The planning commission may permit a one-year extension of the approval as a modification pursuant to section 44-470.

(6)

Revocation. Pursuant to the Michigan Zoning Enabling Act, MCL 125.3101 et seq., allowing for the placement of conditions on the approval of any special use permit, the city council shall have the authority to revoke any special use permit if it was granted in part because of a material misrepresentation by the applicant or an agent of the applicant; or the holder of the special use permit violates any term of the special use permit, including any condition, or any applicable requirement of this article. In either event, the city shall give written notice to the holder of the special use permit, by ordinary mail to the last address provided to the city by the holder of the special use permit. If the subject of the notice is a violation of a term or condition of the special use permit or the ordinance, the applicant shall have 30 days from the date of the notice to correct the violation, unless the time period is extended at the sole discretion of the city manager. If the violation is not corrected in time, or if the subject of the notice was a material misrepresentation by the applicant or its agent, the city council may revoke the special use permit with cause after a hearing. The city council shall establish notice requirements and such other conditions for the hearing as the city council deems appropriate, including, but not limited to, the subpoena of persons or documents. The holder of the special use permit shall reimburse the city for its costs, including expert consultant and attorney fees, associated with or resulting from a revocation proceeding. This subsection shall not prevent the city from seeking any appropriate relief in any other venue, including, but not limited to, civil infraction proceedings, criminal proceedings, or proceedings in civil court.

(7)

Reapplication. No application for a special use permit which has been denied wholly or in part by the city council shall be resubmitted until the expiration of one year or more from the date of such denial, except on the grounds of newly discovered evidence or proof of changed conditions.

(Ord. of 11-6-2017, § 4.1.1)

Before formulating recommendations for a special land use application, the planning commission shall require that the following general standards below and any specific standards for uses listed in sections 44-138 through 44-145 be satisfied. The planning commission shall review each application for the purpose of determining that each proposed use meets the following standards:

(1)

Compatibility with the master plan. The proposed special land use shall be compatible with and in accordance with the general goals and objectives of the city master plan and any associated sub-area and corridor plans.

(2)

Compatibility with adjacent uses. The special land use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area. In determining whether a special land use will be harmonious and not create a significant detrimental impact, as compared to the impacts of permitted uses, consideration shall be given to the degree of impact the special land use may have on adjacent property, as compared with the expected value to the city. The following types of impacts shall be considered:

a.

Use activities, processes, materials, equipment or conditions of operation;

b.

Vehicular circulation and parking areas;

c.

Outdoor activity, storage and work areas;

d.

Hours of operation;

e.

Production of traffic, noise vibration, smoke, fumes, odors, dust, glare and light;

f.

Impacts on adjacent property values; and

g.

The relative ease by which the impacts above will be mitigated.

(3)

Impact of traffic on the road network. The location and design of the proposed special land use shall minimize the negative impact on the traffic network in consideration of items such as vehicle trip generation (i.e. volumes), types of traffic, access location and design, circulation and parking design, road capacity, traffic operations at proposed access points, and traffic operations at nearby intersections and access points. Efforts shall be made to ensure that multiple transportation modes are safely and effectively accommodated in an effort to provide alternate modes of access and alleviate vehicular traffic congestion.

(4)

Impact on public services. The proposed special land use shall be located where it can be adequately served by essential public facilities and services, such as highways, streets, pedestrian or bicycle facilities, police and fire protection, drainage systems, refuse disposal, water and sewage facilities and schools. Such services shall be provided and accommodated without excessive additional requirements at a public cost.

(5)

Compliance with city zoning regulations standards. The proposed special land use shall be designed, constructed, operated and maintained to meet the stated intent of the zoning districts and shall comply with all applicable ordinance standards.

(6)

Impact on the overall environment. The proposed special land use shall not have an unacceptable significant adverse effect on the quality of the natural environment in comparison to the impacts associated with typical permitted uses.

(7)

Licensing. The application shall comply with all applicable licensing ordinances.

(8)

Additional provisions. 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 article will be observed. The breach of any condition, safeguard, or requirement shall automatically invalidate the granting of the special land use.

(9)

Special land use specific requirements. The general standards and requirements of this section are basic to all uses authorized by special land use. The specific and detailed requirements must be met by those uses in addition to the foregoing general standards and requirements where applicable.

(Ord. of 11-6-2017, § 4.1.2)

In addition to meeting the general standards, the uses listed in sections 44-138 through 44-145 shall also meet the specific standards.

(Ord. of 11-6-2017, § 4.2)

Special regulation is needed to ensure these uses are not concentrated in any one area, thus, preventing adverse effects upon the surrounding neighborhood, such as blight and urban deterioration, negative effects on economic development potential, social disorder and crime, negative effects on community standards for aesthetics, the reduction of property values, and the subsequent negative impact on the community tax base. The primary objective is to prevent a concentration of these uses by establishing spacing standards and, thus, ensuring disbursement of these uses throughout the community.

(1)

Adult entertainment businesses shall not be approved if there is, already in existence, one or more adult entertainment businesses within 1,500 feet of the boundaries of the site of the proposed business.

(2)

Adult entertainment businesses shall not be approved if the proposed location is within 1,000 feet of any residential district; 1,500 feet of any licensed day-care facility, adult foster-care home, senior citizens' center, park or church; or 2,650 feet from any K-12 school.

(Ord. of 11-6-2017, § 4.2.1)

(a)

Defined. As used in this section, a "bed and breakfast establishment" is a dwelling having one kitchen and used for the purpose of providing one meal daily, that being breakfast, and lodging for pay or compensation, of any kind, to persons other than members of the family occupying the dwelling

(b)

Annual permit required; application and fee. Each bed and breakfast establishment in the city shall apply annually for a permit. The application shall be made to the city manager and shall be accompanied by an annual fee of $100.00.

(c)

Inspections. Bed and breakfast establishments shall allow reasonable inspections upon notice, by all building, fire and police officials of the city or their designees.

(d)

Attendants to be on business premises. A manager or agents shall be present on the premises of the ed and breakfast establishment at all times when guests are present.

(e)

Permit revocation or nonrenewal. A violation of any provision of this Code or other city ordinance, state statute, or other law or regulation, by the owner, manager, agents or guests of the bed and breakfast establishment, shall be considered grounds for non-renewal or cancellation of the permit authorized under this section.

(f)

Additional regulations.

(1)

Kitchen facilities are allowed, as approved by the appropriate city, county and state agencies.

(2)

Exterior solid waste facilities beyond what might normally be expected for a single-family dwelling shall be prohibited.

(3)

The dwelling unit in which the bed and breakfast operation takes place shall be the principal residence of the homeowner, who shall live on the premises while the operation is active.

(4)

Meals may be served only to residents, employees, family members and overnight guests.

(Code 2009, §§ 808.02—808.06; Ord. of 11-6-2017, § 4.2.2)

(a)

No merchandise shall be located in the road right-of-way or within five feet of any adjacent lot line.

(b)

All structures shall be set back a minimum of 30 feet from any lot line in a residential district.

(c)

The planning commission may require a fence, wall, or planted material to screen the use from adjacent residential districts.

(Ord. of 11-6-2017, § 4.2.3)

The following requirements for site development together with any other applicable requirements of this article shall be complied with for gasoline service stations:

(1)

Enclosed building. All accessory uses and services shall be conducted within a completely enclosed building.

(2)

Minimum site size. 15,000 square feet with a minimum lot width of 150 feet.

(3)

Site location. The proposed site shall have at least one property line on a major thoroughfare.

(4)

Building setback. Any buildings that are part of a gasoline service station shall be set back 40 feet from all street right-of-way lines and shall not be located closer than 25 feet to any property line in the residential zoning districts.

(5)

Access drives. No more than two driveway approaches shall be permitted directly from any other public street.

a.

Driveway approach widths shall not exceed 35 feet measured at the property line.

b.

Driveways shall be located as far from street intersections as practicable, but no less than 50 feet.

c.

No driveway or curb cut for a driveway shall be located within 10 feet of an adjoining property line.

d.

Any two driveways giving access to a single street shall be separated by an island with a minimum dimension of 20 feet.

(6)

Curbing and paving. A raised curb of at least six inches in height shall be erected along all of the street property lines, except at driveway approaches. The area used for servicing vehicles within the gasoline service station property lines shall be paved with a permanent surface of concrete or asphalt.

(Ord. of 11-6-2017, § 4.2.4)

(a)

All dwelling units shall contain at least 350 square feet per unit.

(b)

Total coverage of all buildings, including dwelling units and related buildings shall not exceed 25 percent of the total site.

(c)

The maximum allowable density shall be 25 units per acre.

(d)

One parking space per dwelling unit shall be required, of which 25 percent shall be designated for non-resident (visitor) parking, plus an additional space per employee on the maximum working shift.

(e)

A minimum of 200 square feet of open space is required per dwelling unit. Open space shall not be occupied by principal buildings, accessory buildings, driveways, parking or loading space. Open space shall be available to all occupants of the development.

(Ord. of 11-6-2017, § 4.2.5)

State-licensed residential facilities with over six persons may have two or more residential buildings of similar or differing character built upon one lot or parcel of land, when a site plan is submitted to and approved by the city council when the following requirements have been complied with:

(1)

Minimum lot size shall be two acres.

(2)

No facility shall be established on a lot or parcel having a width less than 150 feet; provided, however, that the average lot area per family or dwelling unit shall not be less than required for other residential development in the same zone.

(3)

Total coverage of all buildings, including dwelling units and related buildings shall not exceed 35 percent of the total site.

(4)

Maximum building height. The maximum height of buildings housing the principal use shall be governed by the requirements in the zoning district. Accessory buildings shall not exceed 15 feet in height.

(5)

Private streets. Private streets or private access drives may be permitted within group housing developments, provided that the following minimum requirements are met:

a.

All streets, roadways, or private access drives meet all other private street requirements under the ordinance and shall be designed to at least the minimum design, construction, inspection, approval and maintenance requirements of the state department of transportation for private roads.

b.

Satisfactory arrangements have been made with the planning commission regarding the maintenance and repair of streets, roadways or access drives.

(Ord. of 11-6-2017, § 4.2.6)

(a)

Data required. In addition to the information required by section 44-136, the applicant shall submit the following information to the city:

(1)

A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, fire or safety hazards, or the emission of any active potentially harmful or obnoxious matter, or radiation or radioactive materials.

(2)

Engineering and architectural plans. For the proposed handling of any excess traffic congestion, noise, glare, air pollution, water pollution, fire or safety hazards, or emission of potentially harmful or obnoxious matter, or radiation or radioactive materials.

(3)

The proposed number of shifts to be worked and the maximum number of employees on each shift.

(b)

Use requirements.

(1)

Enclosed buildings. All activities related to this use shall be carried out in completely enclosed buildings. Storage may be permitted out-of-doors by the city, provided that within 100 feet of the residential district, all storage shall be in completely enclosed buildings. All outdoor storage shall be effectively screened by a solid, uniformly finished wall or fence with solid entrance and exit gates.

(2)

Such fence or wall shall be at least six feet in height, but in no case shall the required fence be higher than eight feet. Such storage shall not be deemed to include the parking of licensed motor vehicles. The city may approve a screening of plant materials and berming, provided the approved screening will have the immediate effect of screening the proposed use. Plans and specifications for such screening shall be a part of plans required under section 44-291.

(3)

Noise emanating from this use shall not exceed the level of ordinary conversation at the boundaries of the lot. Noise may equal but shall not exceed average street traffic noise.

(4)

This use shall conform to the following additional requirements:

a.

Emit no obnoxious, toxic, or corrosive fumes or gases which are deleterious to the public health, safety or general welfare; except for those produced by internal combustion engines under designed operating conditions.

b.

Emit no smoke, odorous gases, or other odorous matter in such quantities as to be offensive at or beyond any boundary of the use of the parcel.

c.

Discharge into the air no dust or other particulate matter created by any industrial operation or emanating from any products stored prior or subsequent to processing.

d.

Produce no heat or glare humanly perceptible at or beyond the lot boundaries.

e.

Produce no physical vibrations humanly perceptible at or beyond the lot boundaries.

f.

Discharge no radiation or radioactive materials that exceed quantities established by the Federal Bureau of Standards.

g.

Does not include in the manufacturing process any production or storage of any material designed for use as an explosive, or in the use of any such material in production.

(5)

Yards for this use shall conform to the following requirements:

a.

Except for landscaping and necessary drives and walks, the front yard shall remain clear, and shall not be used for parking, loading, or accessory structures. Side and rear yards, except for a strip along the lot boundary ten feet in width, may be used for parking and loading but not for storage. The side or rear yard may be eliminated where a railroad service to the site is obtained at that edge of the lot.

b.

When the side or rear yard areas abut land within the residential zoning districts and when such yard areas are to be used for parking, loading, unloading, or servicing, then such side and rear yard areas shall be effectively screened by a solid, uniformly finished wall or fence. Such wall or fence shall be at least four feet in height, but in no case shall the fence or wall be lower than the enclosed parking, loading or servicing activity to be screened. The height and intent of such wall or fence shall be determined by the city on the basis of proposed side or rear yard usage.

(Ord. of 11-6-2017, § 4.2.7)

(a)

Medical marihuana dispensary. As regulated by the Michigan Medical Marihuana Act, MCL 333.26421 et seq., a primary caregiver may operate a medical marihuana dispensary and provide medical marihuana to up to five qualified patients. The dispensary must comply with the provisions of article III of chapter 8 of this Code.

(b)

Facilities permitted through special land use permit. As regulated by the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq. and the Marihuana Tracking Act, MCL 333.27901 et seq., the following marijuana facilities, whether such use is a medical marihuana or adult-use recreational facility and as defined by city ordinance, chapter 8, article III, Marihuana Facilities, are permitted through special use permit in the city:

(1)

Marihuana safety compliance facilities;

(2)

Marihuana processor facilities;

(3)

Marihuana secure transporters;

(4)

Marihuana excess grower/grower facilities; and

(5)

Marihuana provisioning centers/retailers.

(c)

Location of facilities. All marihuana facilities must be located within the I-2 general industrial district and must be in compliance with the provisions of chapter 8, article III, of this Code.

(d)

Other facilities prohibited. Any other marihuana use, whether licensed by the state or not, including but not limited to marihuana microbusinesses, temporary marihuana events, designated consumption establishments, and any other license or special license offered by the state are prohibited in the city unless specifically allowed in this section.

(Ord. of 11-6-2017, § 4.2.8; Ord. No. 2018-2, § 1, 5-7-2018; Ord. No. 2022-01, § 2, 1-3-2022)

To ensure compliance with the ordinance and any conditions imposed, the city council may require that a cash deposit, certified check, irrevocable letter of credit, or surety bond acceptable to the city covering the estimated cost of improvements be deposited with the city clerk to ensure faithful completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the special use permit. The city shall not require the deposit of the performance guarantee until it is prepared to issue the permit. If requested by the holder of the special use permit, the city shall rebate any cash deposits in reasonable proportion to the ratio of work completed on the required improvements as work progresses. This section shall not apply to improvements for which a performance guarantee has been deposited under the Land Division Act, MCL 560.101 et seq.

(Ord. of 11-6-2017, § 4.3)

(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 article. 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 article. The planning commission may decide minor modifications without a formal application, public hearing, or payment of an additional fee. For purposes of this section, 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 city may impose new conditions on the approval of an amendment request if such conditions are warranted under section 44-136. 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. of 11-6-2017, § 4.4)