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. No. 622, § 14.01, 6-28-04)

a.

Prior to approving a special land use application the planning commission shall require that the following general standards, in addition to the specific standards noted for individual uses in section 36-14.08, Special land use specific requirements, be satisfied. The proposed use or activity shall:

1.

Be compatible and in accordance with the goals, objectives, and policies of the City of Fenton Master Plan and promote the intent of the zoning district in which the use is proposed.

2.

Be constructed, operated, and maintained so as to be compatible with the existing or intended character of the general vicinity and so as not to change the essential character of the area in which it is proposed.

3.

Be served adequately by public facilities and services, such as highways, streets, police and fire protection, drainage structures, water and sewage facilities, and primary and secondary schools.

4.

Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to the natural environment, public health, safety, or welfare by reason of excessive production of traffic, noise, smoke, odors, or other such nuisance.

b.

Properties for which application for special land use approval is made shall also be subject to site plan review in accordance with the requirements of Article XVI, Site Plan Review. Failure to obtain site plan approval will constitute denial of the approved special land use.

(Ord. No. 622, § 14.02, 6-28-04)

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 XVI, 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.

(Ord. No. 622, § 14.03, 6-28-04)

a.

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

b.

Following the submission of the required application materials the planning commission shall hold a public hearing in accordance with the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended and with section 36-26.05 Public hearings.

c.

The planning commission shall review the application in terms of the requirements of section 36-14.02, Standards for approval and shall approve, approve with conditions, or deny the application.

(Ord. No. 622, § 14.04, 6-28-04; Ord. No. 643, § 2, 1-14-08)

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 36-14.02 Standards for approval and the applicable specific regulations of section 36-14.08 Special land use specific requirements are 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 as described in section 36-26.05 Public hearings and as required by this article.

(Ord. No. 622, § 14.05, 6-28-04; Ord. No. 643, § 2, 1-14-08)

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. No. 622, § 14.06, 6-28-04)

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 section 36-16.11 Deviations from approved site plan. 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, 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. No. 622, § 14.07, 6-28-04; Ord. No. 643, § 2, 1-14-08)

The general standards and requirements of section 36-14.02 Standards for approval are basic to all uses authorized by a special land use approval. However, certain special land uses, because of their unique character and potential impacts on the welfare of adjacent properties and the city, require additional specific requirements. Such uses are listed below with specific standards and regulations that must be met in addition to the general standards of section 36-14.02 Standards for approval and other sections of this chapter.

The following are special land uses with specific site and/or use standards which are described on the following pages:

Land Uses with Specific Requirements

Adult entertainment regulated uses (subsection a.).

Amusement parks, carnivals, fairgrounds, fairs, and other types of outdoor entertainment facilities (subsection b.).

Automobile gasoline stations (subsection c.).

Automobile repair establishments (major repair) and automobile service establishments (routine maintenance and minor repair) (subsection d.).

Automobile washes, automatic or self-service (subsection e.).

Automobile or vehicle dealerships (subsection f.).

Bars, taverns, lounges, microbreweries (accessory), and brewpubs (subsection g.).

Bed and breakfast inns (subsection h.).

Billboards and off-premises signs (subsection i.).

Churches, temples, and similar places of worship or public assembly (subsection j.).

Commercial parking lots (subsection k.).

Drive-through window facilities for banks, restaurants or other permitted uses (subsection l.).

Essential public service buildings and structures (subsection m.).

Extractive uses (commercial mining of sand, gravel, stone, and similar materials) (subsection n.).

Funeral homes and mortuary establishments (subsection o.).

Garden centers (subsection p.).

Golf courses (subsection q.).

Golf driving ranges and miniature golf courses (subsection r.).

Home occupations (subsection s.).

Hospitals, urgent care centers, emergency medical stations and similar uses (subsection t.).

Incinerators, cogeneration plants, recycling centers, and composting facilities (subsection u.).

Kennels (subsection v.).

Marinas and boat slips (subsection w.).

Medical marihuana growing facility (subsection kk.).

Mini- or self-storage warehouses (subsection x.).

Outdoor display, sales, or storage (subsection y.).

Parking structures (subsection z.).

Pet boarding facilities (subsection ll.).

Recreation facilities: private and public (subsection aa.).

Restaurants with open front window and seasonal outdoor seating (subsection bb.).

Retail businesses and centers exceeding 50,000 square feet (subsection cc.).

Salvage yard (subsection dd.).

Schools, including public, private and parochial elementary, middle, and high (subsection ee.).

Senior housing and nursing and convalescent homes (subsection ff.).

Theaters, cinemas, and similar assembly buildings (subsection gg.).

Veterinary offices, clinics, and hospitals; animal grooming establishments (subsection hh.).

Wireless communication facilities (subsection ii.).

a.

Adult entertainment regulated uses.

1.

Intent. In the development and execution of these zoning regulations, it is recognized there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon the adjacent areas. The proximity of adult entertainment regulated uses to certain uses considered particularly susceptible to the negative Impacts or the concentration of adult uses tends to erode the quality of life, adversely affect property values, disrupt business investment, encourage residents and businesses to move or avoid the community, increase crime, and contribute a blighting affect on the surrounding area. This subsection describes the uses regulated and the specific standards needed to insure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses, and to require sufficient spacing from uses considered most susceptible to negative impacts.

2.

Definitions. The following definitions shall apply to adult entertainment regulated uses:

(a)

Specified anatomical areas. Portions of the human body defined as follows:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below the point immediately above the top of the areola.

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(b)

Specified sexual activities. The explicit display of one or more of the following:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse, or sodomy.

(3)

Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

3.

Uses regulated. The following uses are regulated by this subsection and defined for purposes of regulating adult entertainment regulated uses:

(a)

Adult book or supply store. An establishment having ten percent or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein, or an establishment with a segment or section devoted to the sale or display of such material.

(b)

Adult model studio. Any place where models who display specified anatomical areas as defined herein are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to any accredited art school or similar educational institution.

(c)

Adult motion picture arcade or mini motion picture theater. Any place where motion picture machines, projectors, or other image producing devices are maintained to show images and where the images displayed depict, describe, or relate to specified sexual activities or specified anatomical areas as defined herein.

(d)

Adult motion picture theater or adult live stage performing theater. An enclosed building wherein still or motion pictures, video tapes, or similar material is presented or viewed which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

(e)

Adult outdoor motion picture theater. A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

(f)

Adult physical cultural establishment. Any establishment, club, or business by whatever name designated, which offers or advertises, or is equipped or arranged to provide as part of its services, massages, body rubs, alcohol rubs, physical stimulation, baths, or other similar treatment by any person. An adult physical cultural establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. The following uses shall not be included within the definition of an adult physical culture establishment:

(1)

Establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed physical therapist, a licensed practical nurse practitioner, a therapeutic massage practitioner as defined in this chapter or any other similarly licensed medical professional.

(2)

Fitness center, as defined in this chapter.

(3)

Electrolysis treatment by a licensed operator of electrolysis equipment.

(4)

Continuing instruction in martial or performing arts, or in organized athletic activities.

(5)

Hospitals, nursing homes, medical clinics, or medical offices.

(6)

Barber shops or beauty parlors and salons which offer massages to the scalp, the face, the neck, or shoulders only.

(7)

Adult photography studios whose principal business does not include the taking of photographs of specified anatomical areas as defined herein.

(g)

Cabaret. An establishment where live entertainment is provided, presented, permitted or performed, which performances are distinguished or characterized by an emphasis on or relationship to specified sexual activities or specified anatomical areas as defined herein for observation by or participation of patrons therein. Also, an establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, topless and/or bottomless waiters, waitresses and/or employees.

(h)

Adult, nude, partially nude dancing. A business having as its principal activity the live presentation of or display of nude or partially nude male or female impersonator(s), dancer(s), entertainers(s), waiter(s) or waitress(es), or employee(s) and which may or may not feature the service of food or beverage. For the purpose of this article, nude or partially nude shall mean having any or all of the specified anatomical areas exposed as defined herein.

4.

Required spacing. The establishment of the types of adult entertainment regulated uses listed above shall meet all of the following space requirements, with the minimum distance between uses measured horizontally between the nearest points of each property line:

(a)

One thousand feet from:

(1)

Any other adult entertainment regulated use.

(2)

All churches, convents, temples and similar religious institutions.

(3)

All public, private or parochial nursery, primary or secondary schools, public parks, and hospitals.

(4)

Any adult or child care facility.

(b)

Eight hundred feet from:

(1)

Any single-family or multiple-family residential district or use.

(2)

Any pool or billiard hall, concreted amusement center, indoor and outdoor recreation such as miniature golf; dance club catering primarily to teenagers, movie theaters, ice or roller skating rinks, and similar uses generally frequented by children and teenagers.

5.

Special site design standards.

(a)

The maximum size of the building shall be 5,000 square feet.

(b)

The building and site shall be designed, constructed, and maintained so material such as a display, decoration, or sign depicting, describing, or relating to specified sexual activities or specified anatomical areas cannot be observed by pedestrians and motorists on a public right-of-way or from an adjacent land use.

(c)

Adult entertainment regulated uses shall be located within a freestanding building. A shared or common wall structure or shopping center are not considered to be a freestanding building.

(d)

The color of the building materials shall be reviewed and approved by the planning commission.

(e)

The planning commission shall determine the type of buffer zone to be required and maintained along the side and rear lot lines, based on the site conditions, views from public streets, and distance and type of surrounding land uses.

(f)

The hours of operation shall be approved by the planning commission.

(g)

Access shall be from an arterial roadway.

(h)

Any adult entertainment regulated use which allows customers to remain on the premises while viewing live, filmed, or recorded entertainment, or while using or consuming the products or services supplied on the premises shall provide at least one security guard on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is in operation.

6.

Obscene material strictly prohibited. The applicant for a special land use for any adult entertainment regulated use shall set forth in his or her application a statement in sufficient detail to describe the material contained in the adult entertainment regulated use. In the event that the planning commission finds the material proposed to be within the adult entertainment regulated use to be obscene, then the special land use shall not be granted.

For purposes of this subsection, a form of expression shall be classified as obscene if the material meets all of the following criteria:

(a)

The average individual, applying contemporary community standards for the City would find that the material, taken as a whole, appeals to the prurient interest.

(b)

The material, taken as a whole, lacks serious literary, artistic, political, or scientific value.

(c)

The material depicts or describes, in a patently offensive way, sexual conduct.

7.

Waivers. Upon denial of any application for an adult entertainment regulated use under this section the applicant may appeal for a waiver of the location provisions above to the zoning board of appeals (ZBA) consistent with the standards set forth below. The ZBA may waive the location provisions set forth in this section, after all the following findings are made:

(a)

Compliance with regulations. The proposed use will not be contrary to any other provision of these zoning regulations or injurious to nearby properties.

(b)

Not enlarge district. The proposed use will not enlarge or encourage the development of a "skid row" or "strip".

(c)

Consistent with programs. The establishment of an additional adult entertainment regulated use will not be contrary to, or interfere with, any program of urban renewal or neighborhood development.

(d)

Consistent with law. All applicable city, state or federal laws and regulations will be observed.

(e)

Procedure for waiver. Prior to granting a waiver of the location restrictions set forth above, a public hearing in accordance with the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended and with section 36-26.05 Public hearings, shall be held.

8.

Conditions of approval. Prior to the granting of approval for the establishment of any adult entertainment regulated use, the planning commission may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the adult entertainment regulated use which is necessary for the protection of the public interest. Any evidence, bond, or other performance and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

9.

Specific penalties. No person operating an adult entertainment regulated use shall permit any person under the age of 18 to be on the premises of the business as an employee, customer, or otherwise.

b.

Amusement parks, carnivals, fairgrounds, fairs, and other types of outdoor entertainment facilities.

1.

Minimum lot size shall be ten acres.

2.

Activity areas using fences, buildings, walkways, or other suitable barriers shall be clearly defined on the site plan.

3.

All buildings, structures, and parking shall be at least 300 feet from any dwelling unit, excluding any dwelling unit on the site.

4.

Vehicle access shall be provided onto a primary road. Vehicle access shall be controlled, with capability to accommodate at least three lanes of ingress traffic. At least 300 feet of stacking (queuing) area shall be provided on-site for parking fee collection.

5.

The planning commission shall determine the sufficient amount of on-site parking.

6.

Maximum lot coverage by buildings and structures shall be 20 percent.

7.

The planning commission may require posting of a performance bond or other form of financial guarantee. The bond shall be in an amount determined by the planning commission as necessary to cover any potential damage or clean-up on the site or adjacent properties.

8.

The planning commission may establish limits on hours of operation, time limits on the validity of the special land use approval, or any other measures deemed necessary to minimize negative impacts on nearby uses and traffic operations along public streets.

9.

Prior to issuance of a special land use approval, the applicant shall provide evidence of public liability insurance and property damage insurance to cover potential liability for death or injury to persons or damage to property, which may result from the conduct of the activity.

c.

Automobile gasoline stations.

1.

There shall be a minimum lot area of one acre and minimum lot width of 250 feet.

2.

Pump islands shall be a minimum of 40 feet from any public right-of-way or lot line. Tanks, propane, and petroleum products shall be set back at least 15 feet from any lot line.

3.

Overhead canopies shall be setback at least 20 feet from the right-of-way and constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. Any signs, logo, or identifying paint scheme shall be in accordance with Article XXII, Signs. The canopy shall be no higher than the principal building. Lighting in the canopy shall be recessed, fully shielded, and directed downward to prevent off-site glare.

4.

Only one driveway shall be permitted from each street unless the planning commission determines additional driveways will be necessary to ensure safe and efficient access to the site.

5.

The intensity of lighting within a site shall not exceed 20 footcandles or one footcandle at the property line, except where it abuts a residentially used or zoned site, whereby a maximum of 0.5 footcandles is permitted.

6.

There shall be no outdoor storage or display of vehicle components and parts, supplies, or equipment except within an area defined on the site plan approved by the planning commission and which extends no more than ten feet beyond the building.

7.

The applicant shall submit a pollution incidence protection plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as special check valves, drain back catch basins, and automatic shut off valves.

8.

Any use involving maintenance, service, or repair shall also meet the standards for automobile service establishments.

9.

In the event that an automobile service station use has been abandoned or terminated for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises, in accordance with State requirements.

d.

Automobile repair establishments (major repair) and automobile service establishments (routine maintenance and minor repair)

1.

All principal and accessory structures shall be set back a minimum of 500 feet from a single-family residential district.

2.

There shall be a minimum lot frontage on a paved road of 200 feet.

3.

All maintenance and repair work shall be conducted completely within an enclosed building.

4.

There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies, or equipment.

5.

Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle except a tow truck shall be permitted in a designated area. Such area shall be appropriately screened from public view as determined by the planning commission.

6.

The applicant shall submit a pollution incidence protection plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the City of Fenton Fire Department.

7.

Any use with gasoline sales shall also meet the standards for automobile gasoline stations.

e.

Automobile washes, automatic or self-service.

1.

Only one ingress/egress driveway shall be permitted on any single street.

2.

Where adjoining residentially zoned or used property a decorative masonry wall six feet in height shall be erected along any common lot line. Such wall shall be continuously maintained in good condition. The planning commission may approve a fence, landscaped berm, or landscaping as an alternative.

3.

All washing facilities shall be within a completely enclosed building. Self-service facilities may be within a partially enclosed building.

4.

Vacuuming and drying may be located outside the building, but shall not be in the required front yard and shall be set back at least 50 feet from any residential district. Such areas shall be screened with obscuring landscaping as determined by the planning commission.

5.

Adequate stacking space shall be provided in accordance with the requirements of Article XIX, Off-Street Parking and Loading Standards. Stacking spaces shall not be permitted in the public right-of-way.

f.

Automobile or vehicle dealerships.

1.

Outdoor storage of automobiles or vehicles for sale shall not be permitted in any required front or side yard.

2.

All parking and outdoor storage areas shall be paved with a permanent and durable surface. Curbing around all parking and storage areas shall be provided.

3.

Any use involving the maintenance, service, or repair of vehicles shall also meet the standards for automobile repair and/or service establishments.

4.

Exterior lighting shall be fully shielded and directed downward to prevent off-site glare. The intensity within a site shall not exceed 20 footcandles within the site or one footcandle at the property line, except where it abuts a residentially used or zoned site, whereby a maximum of 0.5 footcandles is permitted.

5.

Flags, banners, and streamers shall not be permitted unless approved by the planning commission.

g.

Bars, taverns, lounges, microbreweries (accessory), and brewpubs.

1.

The principal building shall be setback at least 100 feet from a residential district.

2.

Noise shall not be apparent outside of the building in accordance with section 36-2.21, Performance standards, and other city ordinances.

3.

Outdoor seating must meet the special land use standards for restaurants: open front window and seasonal outdoor seating.

h.

Bed and breakfast inns.

1.

Parking areas shall be located off-street and shall not be located in any required front yard.

2.

No bed and breakfast inn shall be located closer than 300 feet to another bed and breakfast inn.

3.

Meals or other services provided on the premises shall only be available to residents, employees, and overnight guests of the inn.

4.

The dwelling unit in which the bed and breakfast establishment is located shall be the principal residence of the operator, and such operator shall live on the premises while the establishment is active. In the case of multiple ownership, at least one owner shall occupy the premises while the establishment is active.

5.

No guest of the bed and breakfast inn shall be permitted to reside on the premises for more than 30 consecutive days.

6.

Any dwelling or structure proposed as a bed and breakfast inn must possess some historical or architectural significance that makes it a unique location for such an establishment. The exterior appearance of the bed and breakfast shall not be changed from its single-family or historic character.

7.

No more than five rooms shall be available for rent at any time.

i.

Billboards and off-premise[s] signs.

1.

Billboards and off-premise[s] signs shall be permitted only in the IND industrial district.

2.

Billboards shall not exceed 300 square feet in area.

3.

Billboards shall not exceed 20 feet in height.

4.

Billboards shall be spaced a minimum of 500 feet from any on-premise[s] sign or building and 1,200 feet from any other billboard.

5.

Billboards east of U.S. 23 and west of Fenway Drive shall be located no further than 200 feet and no closer than 100 feet from U.S. 23.

6.

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

7.

Billboards 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.

8.

Billboards 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.

9.

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 (2) signs.

10.

Any off-premise[s] 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.

11.

All billboards and off-premise[s] signs shall obtain a sign permit to confirm compliance with Article XXII, Signs.

12.

Billboards 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 of Fenton.

j.

Churches, temples, and similar places of worship or public assembly.

1.

Buildings of greater than the maximum height allowed in Article XV, Schedule of Regulations, may be allowed provided front, side, and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed. The building height cannot exceed 35 feet.

2.

All principal and accessory buildings shall be set back a minimum of 100 feet from any single-family residential use. Parking shall be set back a minimum of 50 feet from any single-family residential use.

3.

Vehicle access to the site shall be provided from a street classified as a "major street" or collector street on the city's Act 51 map.

4.

The planning commission may require an operations plan and`/or parking generation studies to determine parking needs.

5.

All churches, temples, and similar places of worship or public assembly in existence at the time of adoption of this chapter shall be considered conforming, but must meet the standards of this chapter for any expansions.

k.

Commercial parking lots.

1.

A commercial parking lot may be permitted as an expansion of an existing parking lot or new construction that is abutting a principal permitted or special land use.

2.

The applicant must demonstrate that there is an on-site parking shortage that cannot be economically resolved without expanding onto an abutting lot.

3.

All access to the lot shall be provided from the commercial property and/or the street on which the commercial use fronts; not onto a residential (local) street.

l.

Drive-through window facilities for banks, restaurants or other permitted uses.

1.

Sufficient stacking capacity in accordance with Article XIX, Off-Street Parking and Loading Standards, for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way.

2.

A bypass lane shall be provided around the stocking [stacking] spaces.

3.

In addition to parking space requirements, at least three parking spaces shall be provided in close proximity to the exit of the drive-through portion of the operation to allow for customers waiting for delivery of orders.

4.

Only one ingress/egress driveway shall be permitted on any single street. If the use is located on a corner lot access to the drive-through facility shall be only from the street which carries the least amount of daily traffic at the time the application is approved, except that such access from any other street may be shared with an adjoining property.

5.

The planning commission may require direct vehicular access connections with adjacent commercial developments where feasible.

6.

Access driveways shall be located no less than 100 feet from the centerline of the intersection of any street or 75 feet from the centerline of any other driveway.

7.

Reserved.

8.

Overhead canopies shall be setback at least 20 feet from the right-of-way and constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. The canopy shall be no higher than the principal building.

9.

Outdoor speakers for the drive through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.

m.

Essential public service buildings and structures.

1.

Such facilities shall not be located closer than 150 feet from any lot occupied by a residential use or located in a residential district.

2.

Electric or gas regulator equipment and apparatus shall be set back a minimum of 50 feet from any public right-of-way and 30 feet from all other lot lines.

3.

An open-air fence six feet in height shall be constructed for security purposes as determined by the planning commission.

n.

Extractive uses (commercial mining of sand, gravel, stone, and similar materials).

1.

Extractive operations reasonably related to site development for building foundations, parking lot grading and preparation, grading for approved detention or retention ponds, and/or intended to accommodate swimming pools, in accordance [with] Article II, General Provisions and Article XVI, Site Plan Review and as determined by the building official/zoning administrator, shall not require a special land use approval.

2.

All extractive uses shall be established and maintained in accordance with all applicable State of Michigan statutes.

3.

The applicant shall submit a written statement describing:

(a)

Equipment to be used and the process involved including hauling capacity, noise ratings, and size.

(b)

Planned travel routes for haulers.

(c)

Time period by which the excavation shall be completed, including a specified extension period should undue weather conditions arise.

(d)

Indication of the proposed use of the property following the extraction.

(e)

Approved reclamation plan.

(f)

Agreement to conform to the standards of this subsection and other applicable sections of this chapter.

(g)

Documentation that demonstrates to the satisfaction of the planning commission that the extractive activities will not produce any serious consequences which will adversely affect the natural topography, drainage patterns, water bodies, floodplains, street conditions, nearby property values, or use of adjacent land. The planning commission may require separate environmental, engineering, and/or traffic impact or marketing studies supporting the need for and minimal consequences of such extraction.

4.

The planning commission may require a performance bond or other guarantee to ensure compliance with the standards of this section. In addition, the planning commission may require an occupancy permit to allow extractive activities for a time not exceeding one year. The permit may be renewed upon the finding by the building official/zoning administrator that the applicant has complied with the requirements by the city and other appropriate agencies.

5.

In order to ensure sublateral support, no material may be removed from an area and no machinery shall be erected or maintained within 50 feet of any property line or street right-of-way or within 200 feet of any residential district.

6.

Creation of a lake or pond shall only be permitted where the applicant can demonstrate, using engineering and hydrologic studies, that the water can be maintained in a nonpolluted condition; with side slopes not exceeding a one foot of vertical rise to three feet of horizontal distance; and that the applicant meets any requirements by the Michigan Department of Environmental Quality (MDEQ).

7.

Truck routing shall be restricted to those streets designed to accommodate truck traffic on a year-round basis. The planning commission may restrict access routes to protect the character or surrounding areas and/or street pavement and base conditions.

8.

A minimum 300-foot paved segment at the site entrance shall be provided to help remove materials from truck tires.

9.

A reclamation plan shall be provided indicating final grades which are harmonious with surrounding grades and not in excess of five percent unless demonstrably necessary for the proposed reclamation land use. No topsoil shall be removed from the site; topsoil shall be redistributed properly upon completion of the extractive activities, or phase thereof. A reclamation plan should demonstrate that the end use of the site is feasible for the uses in the zoning district.

10.

The planning commission may require that the site be enclosed with a six foot high security fence with a locking access gate. Such fences shall be placed no closer than 50 feet to the top or bottom of any slope.

11.

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

12.

No building or structure shall be erected on the site except as may be permitted in that zoning district or if approved as a temporary structure for machinery or field office.

13.

Proper measures shall be utilized to minimize the nuisance of noise and dust or airborne materials, as determined by the building official/zoning administrator, and may include requirements on stockpiling size, height, and/or covering of stockpiles.

o.

Funeral homes and mortuary establishments.

1.

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

2.

An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.

p.

Garden centers.

1.

The outdoor storage or materials display areas shall not be permitted in any front yard as determined by the planning commission. Such areas shall meet all other yard setback requirements applicable to any building in the district.

2.

All loading activities and parking areas shall be provided off-street and on the same premises.

3.

The storage of any soil, sand, mulch, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties. The outdoor storage of fertilizers, pesticides, and other hazardous materials shall be prohibited.

4.

Decorative fences, knee walls, and other architectural features may be required by the planning commission for outdoor sales, display, and storage areas to assure compatibility with the existing or intended character of the general vicinity.

5.

All materials stored outdoors shall not be piled or stacked higher than the height of any garden center fencing or wall.

q.

Golf courses.

1.

Minimum size for properties involved for the use shall be 40 acres.

2.

The principal and accessory buildings, including maintenance sheds, shall be set back at least 75 feet from all property and street lines.

3.

Accessory buildings, structures, and storage areas shall be screened on all sides from adjacent residential areas and public street rights-of-way as determined by the planning commission.

4.

Operational hours for maintenance vehicles, course maintenance, and/or irrigation may be restricted by the planning commission to protect nearby residential districts.

r.

Golf driving ranges and miniature golf courses.

1.

All traffic ingress and egress shall be from a major traffic route in the City of Fenton Master Plan, or as a local or collector street on the city's Act 51 map.

2.

Whenever any such use abuts a residential district, a transition buffer area at least 100 feet in width shall be provided between all operations, buildings, and structures, including fences, and the residential property. Landscaping, berms, and structural screens of a type approved by the planning commission may be placed within the buffer strip.

3.

All buildings, uses, operations, and structures, including fences, shall be located a minimum of 100 feet from any public right-of-way. This yard shall be landscaped as determined by the planning commission.

s.

Home occupations.

1.

No person, other than members of the family residing in the dwelling, shall be engaged in the conduct of the home occupation.

2.

The use of the dwelling for the home occupation shall be clearly accessory, incidental, and subordinate to its use for residential purposes, and not more than 20 percent of the gross floor area of the dwelling shall be used for the conduct of the home occupation.

3.

There shall be no change in the outside appearance of the dwelling or any other visible evidence of the conduct of the home occupation provided, however, that there may be one sign, not exceeding two square feet in area, non-illuminated, and mounted flat against the wall of the dwelling, the design of which shall be approved by the planning commission. There shall be no other signs either on the building or in the windows of the dwelling.

4.

Traffic generated by the home occupation shall not be greater than would normally be expected in a residential neighborhood, or no more than an average of ten vehicular trips per day.

5.

The home occupation shall be conducted entirely within the confines of the dwelling and shall not take place in a garage or accessory structure.

6.

There shall be no sale of products or service on the premises where the home occupation is located except those that are produced or used in the normal conduct of the home occupation. A retail showroom, sales area, outlet, or similar facility is prohibited.

7.

Any necessary parking spaces for vehicles generated by the conduct of the home occupation shall be provided on the site in a normal driveway, but not within any required yard.

8.

No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, or odors detectable to the normal senses off the premises on which the home occupation is located. In addition, no equipment or process shall be used in the home occupation which causes visual or audible interference in any radio or television receivers off the premises or causes fluctuation in the line voltage off the premises.

t.

Hospitals, urgent care centers, and emergency medical stations and similar uses.

1.

Minimum site area shall be ten acres.

2.

The proposed site shall have at least one property line abutting a "major street", as identified in the city's Act 51 map or identified as a major traffic route in the City of Fenton Master Plan.

3.

The front, side, and rear yard minimum setbacks shall be 50 feet.

4.

Parking setbacks shall be 40 feet in the front yard, 20 feet for side and rear yards.

5.

Whenever any such use abuts a residential district, a transition buffer area of at least 100 feet in width shall be provided. Walls, fences, or landscaping may be required as part of this buffer area as determined by the planning commission.

6.

Emergency room, ambulance, and delivery areas shall be screened from public view with an obscuring wall and/or landscaping with a minimum height of six feet.

7.

Auxiliary uses, such as a pharmacy, gift shop, cafeteria, day care, and similar customary hospital related uses shall be allowed.

8.

Parking for professional and outpatient buildings, or sections of a hospital building, shall be calculated as separate uses as noted in Article XIX, Off-Street Parking and Loading Requirements. Only one-half of the total number of parking spaces within gated or restricted physician parking lots shall be included for required parking calculations.

u.

Incinerators, cogeneration plants, recycling centers, and composting facilities.

1.

All operations shall be at least 500 feet from any residential district or use.

2.

All operations shall be at least 200 feet from the boundary of any lake, stream, drain, wetland, or other surface water body.

3.

Documentation shall be provided regarding the proposed control of odors from the facility.

4.

All storage areas shall be within an enclosed building or waste receptacles.

v.

Kennels.

1.

For kennels housing dogs, the minimum lot size shall be two acres for the first three dogs and an additional one-third acre for each one additional dog.

2.

Buildings wherein dogs are kept, dog runs, and/or exercise areas shall not be located closer than 150 feet to any lot line and 200 feet from any road right-of-way.

3.

Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance (i.e., fencing, soundproofing, sanitary requirements).

4.

All enclosures for breeding, rearing, shelter, or other uses in connection with harboring of animals, shall be hard surfaces and provided with proper drains.

5.

A kennel may be permitted as an accessory use to a veterinary office, clinic, or hospital. Such accessory use shall be subject only to the special land use standards of the veterinary use.

w.

Marinas and boat slips.

1.

Docking space shall be limited to the maximum number of boats allowed by the [Michigan] Department of Environmental Quality (MDEQ) marina operating permit.

2.

Vehicle access shall be provided from a paved city street.

3.

All piers and wharves shall be set back a minimum of 15 feet from any side lot line, provided further that such piers and wharves shall be installed such that the boat moored is a minimum of six feet from any side lot line.

4.

All fueling areas and storage of fuel shall be set back a minimum of 50 feet from any property line.

5.

The number of public launches shall be limited to the number of parking spaces available for the storage of vehicles with boat trailers.

6.

Where applicable, pump-out facilities shall be provided at the marina for disposal of refuse from boat holding tanks in a sanitary manner. Toilet facilities shall be provided meeting the requirements of the Genesee County Health Department.

7.

Refuse and garbage containers shall be provided and kept in clean and sanitary condition for the use of boat owners.

8.

Where applicable, facilities shall be provided for the safe and sanitary disposal of oil and other engine fluids.

9.

Major repair or dismantling of boats shall be conducted within an enclosed building.

10.

All areas utilized for dry-docking/on-land display, sales, and storage of boats shall meet the requirements listed in Section 14.08 y. Outdoor Display, Sales, or Storage.

11.

Other related uses such as boat sales and service, food and beverage store, food and beverage service establishment or retail store may be located on the same site, provided such use is permitted in the zoning district and the site meets the requirements for the allowed uses.

x.

Mini- or self storage warehouses.

1.

Minimum lot size shall be three acres.

2.

Minimum building and parking setbacks shall be 50 feet from any public street right-of-way line, 50 feet from any residential district and 25 feet from any nonresidential zoning district.

3.

The front yard visible from a public right-of-way and any side or rear yards adjacent to residential districts shall include wrought iron or similar decorative fencing and landscaping as determined by the planning commission.

4.

The storage units shall be screened from all abutting properties through the use of landscaping and/or walls.

5.

Building design and materials shall be compatible with the existing and intended character of the area. Building facades facing a right-of-way must consist of decorative split face block or brick. All roofs must be pitched.

6.

No storage unit doors shall face a public right-of way. Walls, fences, and landscaping as determined by the planning commission may be utilized to obscure views of doors from the public right-of-way.

7.

All storage shall be completely within enclosed buildings or structures, unless a separate special land use approval is granted for commercial outdoor storage on the premises, in accordance with section 36-14.08y. Outdoor display, sales, or storage.

8.

Buildings shall be limited to storage only.

y.

Outdoor display, sales, or storage.

1.

A special land use approval may be granted for outdoor display, sales, or storage on the same property as an approved mini-storage use, marina, or other principal use deemed compatible by the planning commission.

2.

Stored vehicles or goods on a site without a building, shall meet the setback requirements of the zoning district. If a building is located on the site, no outdoor storage shall be permitted in any required yard of buildings for the district in which the commercial outdoor storage use is located.

3.

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

4.

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

5.

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

6.

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

7.

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

8.

Fencing and lighting for security purposes may be required as determined by the planning commission. All lighting shall be shielded from adjacent residential areas in accordance with Article XXIII, Lighting Standards.

z.

Parking structures.

1.

Any parking structure shall comply with the required setbacks and height requirements for principal buildings for the district in which it is located.

2.

Parking structures shall be designed as integral elements of the overall site plan, taking into account the relationship to the principal building and other structures on the site.

3.

The facade of the parking structure shall be compatible in design, color, and type of material to the principal building(s) on the site or on adjacent sites.

4.

Vehicle access design must ensure safe and efficient traffic operation along the public or private roadway serving such structure.

aa.

Recreation facilities: public or private.

1.

All.

(a)

The site shall be located on a paved street which is classified as a major traffic route in the City of Fenton Master Plan or classified as a "major street" on the city's Act 51 map.

(b)

Principal buildings shall be set back at least 50 feet from any property line. The building area includes recreation activity areas, spectator seating and any other structural appurtenances.

(c)

The parking setback shall be 20 feet in the front, side and rear yards in residential districts and 50 feet in nonresidential districts.

2.

Indoor.

(a)

Such uses shall include, but not be limited to: bowling alleys; indoor tennis, skating, swimming pools, batting cages, driving ranges, gymnasiums; community centers with recreation facilities; and similar uses as determined by section 36-2.06 Determination of similar use.

(b)

Whenever any such use abuts a residential district, a transition buffer area of at least 100 feet in width, in addition to the setback requirement, shall be provided. Walls, fences, or landscaping may be required as part of this buffer area as determined by the planning commission.

(c)

All uses shall be conducted completely within a fully enclosed building, unless a special land use is approved for any outdoor recreation facilities under [subsection] 3. below.

(d)

Building design and materials shall be compatible with the existing or intended character of the surrounding area.

3.

Outdoor.

(a)

Such uses shall include, but need not be limited to: recreational fields; rinks or courts, including football, softball, soccer, tennis, basketball, ice skating, and similar activities as determined by section 36-2.06 Determination of similar use; swimming pools; archery and shooting ranges; go-cart, automobile or motorcycle tracks; uses accessory to the above uses, such as refreshment stands, retail shops selling items related to the above uses, maintenance buildings, office for management functions, spectator seating and service areas, including locker rooms and restrooms.

(b)

Whenever any such use abuts a residential district, a transition buffer area shall be provided between all operations, buildings and structures, including fences, and the residential property. The width and landscaping within such buffer shall be as approved by the planning commission.

(c)

The site shall be periodically cleared of debris so that litter does not accumulate on adjacent properties.

(d)

Provisions shall be taken, at the discretion of the planning commission, to insure that excessive dust, noise, traffic, lighting glare, and trespassing are not inflicted on adjacent properties.

bb.

Reserved.

cc.

Outdoor seating for restaurants and cafes. Outdoor restaurants and cafes shall be reviewed and approved administratively by the building and zoning administrator, subject to the following requirements:

1.

An outdoor restaurant or café may be set up and used during the months of April through October.

2.

A site drawing showing a detailed plan of the outdoor restaurant or café shall be administratively approved by the city. The city will review the site plan in order to ensure the following traffic and pedestrian safety measures:

a.

Any sidewalk or open space used for the outdoor restaurant or café is immediately adjacent to the applicant restaurant, provided that the café may be separated from the restaurant by the main pedestrian walkway along the public sidewalk.

b.

The use of a sidewalk or open space for the outdoor restaurant or café allows a minimum pedestrian walkway of five feet.

c.

Any tables, chairs, umbrellas or other equipment shall not extend into or over the five-foot wide pedestrian walkway, and there shall be no barriers to pedestrian visibility. The number, size and location of tables, chairs and equipment shall be administratively approved by the city.

d.

If alcohol is to be served in conjunction with the proposed outdoor restaurant or café, barriers designating the service area, as required by the Michigan Liquor Control Commission, will be utilized. If no alcohol is to be served, a barrier approved by the city will be utilized between the service area and the pedestrian right-of-way. In either instance, the design of the barrier must be in keeping with the zoning ordinance and any applicable design guidelines.

3.

The outdoor restaurant or café must be part of a licensed full service restaurant and it must meet all of the requirements of, and secure all of the necessary permits from, the Genesee County Health Department and the Michigan Liquor Control Commission.

4.

Liability insurance and property damage coverage, naming the City of Fenton as an insured party, in an amount approved by the city, must be provided before an outdoor restaurant or café may be set up.

5.

Final approval by the appropriate city department is required for any seating placed within the public right-of-way.

6.

The building and zoning administrator can submit the request to the planning commission for review and action, if deemed necessary.

dd.

Retail businesses with adult novelty items.

1.

Intent. Same as section 36-14.08(a)(l).

2.

Definitions.

(a)

Adult materials: one or a combination of more than one of the following types of materials: adult books and adult novelty items.

(b)

Adult books: books, magazines, newspapers, advertisements, displays, posters, video tapes, video discs and motion picture films which are characterized by their emphasis on portrayals of human genitals and pubic regions or acts of human masturbation, sexual intercourse, or sodomy.

(c)

Adult novelty items: devices of simulated human genitals or devices designed for sexual stimulation.

(d)

Retail businesses with adult novelty items: See section 36-28.10 (Retail businesses with adult novelty items).

3.

Requirements and regulated uses. The following requirements and regulated uses are included this subsection and defined for purposes of regulating retail businesses with adult novelty items:

(a)

Except for transitory movement by customers to the cash register and exiting the store, and except for temporary movement for delivery of inventory into the store and subsequent shelf placement, adult materials shall not be visible to the public, except for within a designated area meeting the following requirements:

(i)

A separate room (hereinafter referred to as adult material room) with a minimum of six foot high walls that screen or substantially limit view by persons in the remaining areas of the store.

(ii)

Minors under the age of 18 years of age shall not be permitted in the adult material room.

(iii)

The ceiling in the adult material room shall not be utilized for the display, storage or reflection of any adult materials.

(iv)

A bathroom and/or mechanical room adjacent to the adult material room shall at no time be used for the display or storage of adult materials.

(b)

Adult materials are prohibited in any location visible to the public outside of a retail business, including any area visible to the public through front windows of a retail business.

(c)

There shall not be any live modeling or similar activity of any sort on the property.

(d)

There shall be only one public entrance to the retail business located at the front of the retail business only, excluding required emergency exits and loading doors.

(e)

Retail businesses with adult novelty items shall be located at least 500 feet from:

(i)

All churches, convents, temples and similar religious institutions.

(ii)

All public, private or parochial nursery, primary or secondary schools, public parks, and hospitals.

(iii)

All child care centers or day care centers.

(f)

Pre-viewing of any adult materials on or from any televisions, audio players, video screens, monitors or other devices in the retail business is prohibited.

ee.

Salvage yard.

1.

The salvage yard shall be enclosed on all sides by a solid wall or fence at least six feet in height. The wall or fence shall be maintained in good repair and shall be free of handbills or other advertising except for approved signs. Non-transparent gates not exceeding 48 feet in width shall be permitted in the enclosure.

2.

Vehicles or vehicle bodies shall be stored in rows with a minimum of 20 foot continuous loop drives separating each row of vehicles.

3.

Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the fence enclosing the salvage yard.

4.

No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residence, business, or street from a height at or below the top of the fence enclosing the yard.

5.

All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil, and other such substances shall removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method.

6.

The property shall include at least six acres.

7.

The front obscuring fence shall be set back the same distance as a principal building in the industrial district, and all such fences shall be set back a minimum of 500 feet from any Residential District or use.

8.

In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours, provided that such activities shall not be conducted on Sundays or federally recognized holidays.

9.

The applicant shall submit written assurances that the activities of the salvage yard will comply with all state and federal regulations.

10.

The planning commission may impose other conditions which have a reasonable relationship to the health, safety, and general welfare of the city. These conditions can include a provision for an annual inspection by the building official/zoning administrator to ensure continuing compliance with the above standards.

ff.

Schools, including public, private and parochial elementary, middle, and high.

1.

At least one street access shall be onto a street classified as a "major street" or "collector street" on the city's Act 51 transportation map.

2.

All play areas adjacent to a residential district must be fenced.

3.

Bus and automobile drop-off and pickup drives must be provided and shall be separate from, and not conflict with, through travel lanes of any street classified as a "major street " or "collector street" on the city's Act 51 map.

gg.

Senior housing and nursing and convalescent homes.

1.

For projects meeting the requirements and standards of Article XIII, Planned Unit Development Overlay Standards, the allowable density of the underlying zoning district may be increased by no more than 50 percent for all nursing care units licensed by the State of Michigan; 25 percent for non-licensed nursing care and supportive care units.

2.

All dwelling units shall have a minimum of 450 gross square feet per unit.

3.

Maximum height permitted is two stories.

4.

Setbacks shall be as provided in Article XV, Schedule of Regulations, footnote (j).

5.

Total lot coverage of all buildings shall not exceed 25 percent of the total site, exclusive of any dedicated public or private rights-of-way.

6.

Open space areas shall be provided at the rate of 25 square feet per 100 square feet of living area.

7.

Retail and service uses may be permitted on the site if such uses are accessory to the elderly housing use. All such uses shall be within the principal residential building. No exterior signs of any type are permitted for these accessory uses.

8.

All medical waste facilities shall be secured and meet the requirements of the health department of the State of Michigan.

9.

Walkways shall be provided from the main building entrance(s) to any sidewalks along the adjacent public street.

hh.

Theaters, cinemas, and similar assembly buildings.

1.

The principal and accessory buildings and structures shall be not be located within 200 feet of any residential district or use. Parking and other impervious surfaces shall be set back a minimum of 100 feet from any residential district or permitted use.

2.

All uses shall be conducted completely within a fully enclosed building.

3.

At least one street access shall be onto a street classified as a "major street" or "collector street" on the city's Act 51 transportation map.

4.

The arrangement of buildings and parking shall ensure that vehicular circulation patterns are appropriately designed and regulated to eliminate potential conflicts between traffic generated by the use, and traffic on adjacent streets and thoroughfares. The planning commission may require a traffic analysis which compares the projected trip generating capacity of the proposed development to existing and projected traffic volumes and the carrying capacity of adjacent streets. The traffic analysis shall be prepared by a firm or individual experienced in such studies.

ii.

Veterinary offices, clinics, and hospitals; animal grooming establishments.

1.

Such facilities shall be used only for domesticated animals. Treatment or boarding of non-domesticated, wild, exotic, or vicious animals shall not be permitted.

2.

The principal buildings or structures shall be set back at least 75 feet from the front property line; and at least 200 feet from any property line abutting a residential district or use on the same side of the street, and at least 75 feet from all other property lines.

3.

The planning commission may permit veterinary and animal grooming uses as accessory uses to retail pet supply establishments.

4.

Parking lots shall be set back at least 50 feet from a residential district or use, and shall be screened by a wall at least four feet high with landscaping on the exterior side of the wall. The planning commission may permit a landscaped berm or dense landscape buffer as an alternative to the wall.

5.

All principal use activities shall be conducted within a totally enclosed principal building; no outdoor animal enclosures or runs are permitted unless a separate special land use has been approved for a kennel under section 36-14.08v., Kennels.

6.

Any indoor boarding shall be limited to that incidental to treatment or surgery unless the use has also been approved as a kennel.

7.

Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance (i.e., fencing, soundproofing, sanitary requirements).

8.

All waste disposal shall meet the requirements of the Health Department of the State of Michigan.

jj.

Wireless communication facilities. All applications for wireless communication towers shall be reviewed in accordance with the following standards and conditions and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the tower is approved, it shall be constructed and maintained with any additional conditions imposed by the planning commission in its discretion.

1.

Co-location.

(a)

The applicant must demonstrate to the planning commission that a feasible co-location on an existing tower, building, or other structure for the new wireless communication facility is not available for the coverage and capacity needs and that a location on municipal property is not practical.

(b)

Antennae which are attached to an existing tower, building, or other structure are encouraged to minimize the adverse visual impacts associated with the proliferation and clustering of towers. Co-location of antennas by more than one carrier on existing towers, buildings, or other structures shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

(1)

A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower.

(2)

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the co-location of an additional antenna.

(3)

A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on-site when approved by the planning commission.

(c)

Any proposed tower for commercial wireless telecommunication services shall be designed structurally, electrically, and in all other respects, to accommodate both the applicant's equipment and comparable equipment for at least two additional users. Towers must be designed to allow for future rearrangement of equipment upon the tower and to accept equipment mounted at varying heights.

(d)

Where an attached wireless communication facility is proposed on the roof of a building, the equipment enclosure, if proposed, shall be designed, constructed, and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks and building height.

2.

Use. Wireless communication towers may be considered either a principal use or accessory use when no other principal use exists on the site.

3.

Design.

(a)

Towers for commercial wireless telecommunication services shall be located and designed to be harmonious with the surrounding area through the use of color and architectural treatment, except in instances where color is dictated by other state or federal authorities. Towers shall be of a monopole design unless the planning commission determines that an alternative design would better blend into the surrounding environment.

(b)

All accessory buildings shall be constructed of brick, provided the planning commission may waive this requirement for a building that is located in the industrial district and is not visible from a public right-of-way or non-industrial district.

4.

Setbacks. Setback provisions shall not apply to towers located on existing buildings, towers, or other existing structures. Any part of the structure or equipment placed on the ground pertaining to the tower for commercial wireless telecommunication services shall comply with the following minimum setbacks:

(a)

Adjacent to any residential district. The height of the structure.

(b)

Adjacent to any non-residential district. One-half of the height of the structure.

(c)

Public rights-of-way. One-half of the height of the structure plus an additional 25 feet.

5.

Separation. A minimum of 2,000 feet of separation shall exist between freestanding towers.

6.

Height. The maximum height of the new or modified support structure and antennae shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to co-locate on the structure). Any accessory building contemplated to enclose such things as switching equipment, shall be limited to the maximum height for accessory structures or buildings within the respective district.

7.

Screening. The structure base, accessory buildings, equipment, and enclosures shall be screened with landscaping, berms, walls, or a combination of these elements as determined by the planning commission in accordance with the standards of Article XXI, Landscape Standards and Tree Replacement.

8.

Lighting. Towers for commercial wireless telecommunication services shall not be illuminated unless required by other state or federal authorities.

9.

Signs. Signs or other advertising not related to safety or hazard warnings shall not be permitted on any part of the tower or associated equipment or buildings.

10.

Fencing. Fencing shall be provided for protection of the support structure and security to prohibit unauthorized persons from accessing the facility.

11.

Access. There shall be unobstructed access to the support structure, for operation, maintenance, repair, and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing disturbance to the natural landscape; and the type of equipment which will need to access the site.

12.

Maintenance plan. A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.

13.

Abandoned or unused towers. Towers for commercial wireless telecommunication services which are abandoned or unused shall be removed, along with any associated structures or equipment, within 12 months of the cessation of operations, unless a time extension is granted by the building official/zoning administrator. One three-month extension shall be permitted only if the building official/zoning administrator finds that the owner or former operator of the facility is taking active steps to ensure its removal.

14.

Applicable site conditions. Any nonconforming building or use on the site, such as outdoor storage, signs, inadequate landscaping, unpaved parking, lack of a sidewalk, improper lighting, or similar conditions shall be brought into conformance prior to the erection of the wireless communication tower.

15.

Application requirements. The following information shall be provided in addition to the requirements of Article XVI, Site Plan Review:

(a)

Signed certification by a professional engineer licensed by the State of Michigan with regard to the manner in which the proposed structure will fall in the event of damage, accident or injury (i.e. "fall zone"), and that the setback area provided shall accommodate the structure should it fall or break and provide a reasonable buffer in the event the structure fails.

(b)

A description of performance guarantee to be posted at the time of receiving a special land use approval for the facility to ensure removal of the facility when it is abandoned or is no longer needed.

(c)

A map that illustrates existing and known proposed wireless communication facilities within the City of Fenton and adjacent communities, which are relevant in terms of potential co-location or to demonstrate the need for the proposed facility.

(d)

For all new facilities, in recognition of the city's policy to promote co-location, a written agreement, transferable to all assessors and assigns, that the operator shall make space available on the facility for co-location.

(e)

Elevation drawings of the accessory buildings and equipment shall be provided.

(f)

A soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use.

kk.

Medical marihuana growing facility.

1.

Scope of facility. Only one medical marihuana caregiver is permitted to operate such a facility.

2.

Required documentation. A medical marihuana caregiver growing medical marihuana at a facility for later distribution to medical marihuana patients, which the medical marihuana caregiver is lawfully connected, must provide or otherwise make available proof of the medical marihuana caregiver's valid, unexpired registry identification card or cards. All medical marihuana patients, or their caregiver, receiving medical marihuana at a facility must provide or otherwise make available proof of their valid, unexpired registry identification cards. If a patient authorizes a caregiver to provide the patient's registry identification card, the city may contact the patient to confirm the patient's authorization. For safety and other code inspection purposes, the special use permit application shall describe and provide detailed specifications of all lights, equipment, electrical, plumbing, heating, cooling, ventilation and other means proposed to be used to facilitate the cultivation of marihuana plants.

3.

Required spacing. The establishment of a facility must meet all of the following spacing requirements, with the minimum distance between uses measured horizontally between the nearest points of each property line:

a.

One thousand feet from any school, day care facility, church, house of worship or other religious facility, or public or private park;

b.

Three hundred feet from any pool or billiard hall, indoor and outdoor recreation such as miniature golf; dance club catering primarily to teenagers, movie theaters, ice or roller skating rinks, and similar uses generally frequented by children and teenagers; or

c.

Three hundred feet from any other medical marihuana distribution and growing facility.

4.

Amount of marihuana. The amount of marihuana on the property and under the control of the medical marihuana caregiver shall not exceed that amount permitted by state law: the medical marihuana caregiver operating the facility may possess no more than 12 marihuana plants and no more than two and one-half ounces of usable marihuana per medical marihuana patient to which the caregiver is lawfully connected, up to a maximum of five patients, 60 marihuana plants and 12.5 ounces of usable marihuana per caregiver. The medical marihuana caregiver operating the facility must specify the name and address of the place where all portions exceeding the amount permitted by law shall be disposed.

5.

Storage of marihuana. All medical marihuana must be contained within a separate enclosed, locked facility for each medical marihuana patient for which the medical marihuana caregiver is lawfully connected, in accordance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq. The medical marihuana growing facility shall have secure windows and doors and the medical marihuana caregiver shall implement security measures to prevent theft of stored marihuana.

6.

Use of marihuana. Smoking or consumption of controlled substances, including marihuana, is prohibited on the site of the facility.

7.

Indoor operation. Distribution, growth or cultivation of medical marihuana, and all other related activity, must occur indoors.

8.

Unpermitted growing. A medical marihuana patient may not grow his or her own medical marihuana at a medical marihuana caregiver's facility.

9.

Permits. All necessary building, electrical, plumbing, and mechanical permits must be obtained for any part of the structure in which electrical, wiring, lighting, or watering devices that support the cultivation, growing, or harvesting of marihuana are located.

10.

Distribution of marihuana. No person operating a facility shall provide or otherwise make available medical marihuana to any person who is not a medical marihuana patient legally connected to that medical marihuana caregiver.

11.

Inspections. Medical marihuana growing facilities shall be subject to an inspection during the special use permit application process and yearly inspections to ensure compliance with the Code and state law:

a.

Approval inspection. Before any permit required herein shall be authorized by the city council, the chief of police and the chief of the fire department shall first make an inspection of the premises for which the permit application has been made to determine that the premises are in compliance with the City Code, including the fire code, then in force in the city and any public health and safety regulations concerning police, fire, public health and safety, convenience and comfort of the public. They shall also determine whether the medical marihuana growing facility, as proposed, complies with the Michigan Medical Marihuana Act and the City Code. The chief of police and the chief of the fire department shall report their findings after inspection to the city council. An inspection fee of $500.00 shall be paid by the applicant to cover the costs of the inspection.

b.

Yearly inspection. The city police department shall inspect all medical marihuana growing facilities at least once a year to ensure compliance with the Michigan Medical Marihuana Act, the City Code and the special use permit authorizing medical marihuana growing facilities.

12.

Death of a caregiver. Any person, medical marihuana patient or medical marihuana caregiver that has knowledge of the death of a medical marihuana caregiver issued a special use permit to operate a medical marihuana growing facility in the city shall notify the city police department immediately.

ll.

Pet boarding facilities.

1.

Except for the outdoor play area, the facilities must be located in a building with the pet boarding and any ancillary services being the only uses.

2.

The lot shall be at least two acres in size.

3.

Up to five percent of the floor area may be used for accessory retail sales.

4.

Adequate traffic circulation must be provided on-site to accommodate the frequent pick-up and drop-off of animals for the facility.

5.

An outdoor play area is allowed with the following restrictions:

(a)

Any outdoor play area shall not be any closer than 150 feet from a residential zoning district.

(b)

Any outdoor play area shall be located in the interior side yard or rear yard.

(c)

A maximum eight-foot high fence enclosure is required around the play area and the surface must be easy to maintain.

(d)

All animal waste shall be removed from the outdoor play area daily and disposed of in a sanitary manner.

(e)

Pets shall not be permitted to remain outdoors overnight.

(Ord. No. 622, § 14.08, 6-28-04; Ord. No. 627, § 6, 4-11-05; Ord. No. 643, § 2, 1-14-08; Ord. No. 661, 9-12-11; Ord. No. 686, 6-10-13; Ord. No. 687, § 3, 1-26-15; Ord. No. 695, 9-14-15)