The city planning commission is hereby designated the commission as specified in sections 2 and 12 (MCL 125.32, 125.42) of Public Act No. 285 of 1931 and section 301 of the Michigan Zoning Enabling Act (MCL 125.3301) and shall perform the duties of said commission as provided in these Acts.

(Code 1969, § 5.261; Code 1977, § 28-445)

In cases where the city planning commission is empowered to approve certain uses of premises under the provisions of this chapter or in cases where the city planning commission is required to make an investigation, the applicant shall furnish such surveys, plans or other information as may be reasonably required by said city planning commission for the proper consideration of the matter.

(Code 1969, § 5.262; Code 1977, § 28-446)

After review by the planning commission and under such conditions imposed by the planning commission after finding that the use is not injurious to the district; is not contrary to the spirit and purpose of this article; is not incompatible with already existing uses in the area; would not interfere with orderly development of the area; would not be detrimental to the safety or convenience of vehicular or pedestrian traffic; and meets the goals of the city's master plan, the planning commission, after public hearing, shall have the power to grant special approval permits heretofore authorized and upon the conditions set forth in this article.

(Code 1969, § 5.263; Code 1977, § 28-447; Ord. No. 420, Art. I, 7-24-2023)

Editor's note— Ord. No. 420, Art. I, adopted July 24, 2023, amended the title of § 44-842 to read as herein set out. The former § 44-842 title pertained to special permits.

The planning commission may permit the erection of public and parochial schools, public buildings and churches, provided the buildings cover not more than 30 percent of the land area and the proper yard space and adequate parking space is provided and such location is not injurious to the surrounding neighborhood and in accord with the spirit and purpose of this chapter.

(Code 1969, § 5.264; Code 1977, § 28-448)

The city planning commission may permit the erection and use of a building or an addition or enlargement to an existing building, of a public service corporation to be used for public utility purposes in any district permitting such use when they shall find such use, building or structure in compliance with the following:

(1)

Uses permitted. Permitted uses are public utility building, telephone exchanges, transformer stations and substations with service yards, but without storage yards.

(2)

Yard requirements. Irrespective of the yard requirements of the district in the yard is located.

a.

Front yards. A front yard of not less than 25 feet shall be provided and landscaped and the planting maintained in a healthy growing condition.

b.

Side yards. Two side yards shall be provided, each shall be not less than 20 feet in width and each shall be landscaped with an eight foot wide greenbelt planting which shall be maintained in a healthy growing condition.

c.

Rear yards. A rear yard shall be provided which shall be not less than 20 feet in depth and shall be landscaped with an eight foot wide greenbelt planting which shall be maintained in a healthy growing condition.

(3)

Height of building. Height of buildings is two stories or 35 feet.

(4)

Off-street parking. The number of parking spaces provided shall equal the number of persons in the largest shift.

(5)

Copies of proposed plan. Four certified copies of the proposed plan, including specific reference to such conditions, shall be attached to the resolution by the city planning commission. One copy shall be for the files of the city clerk, one copy for the building inspector, one copy for the planning commission and one for the public utility company or the petitioner.

(Code 1969, § 5.265; Code 1977, § 28-449)

The planning commission may permit the erection and use of a building or the use of premises in districts where such uses are permitted, provided that the planning commission shall find that such use will not substantially interfere with the use or value of surrounding property, and provided, that the building used for such purpose will be in harmony with the character of the district in which it is located and shall comply with the following regulations:

(1)

No such building shall exceed 55 feet in height. See section 44-827.

(2)

There shall be a front yard having a depth of 25 feet.

(3)

There shall be two side yards each of which shall be not less than 20 feet in width with an increase of one foot in width for each five feet or part thereof by which the said building or structure exceeds 35 feet in overall dimensions along the side yard.

(4)

There shall be a rear yard with a depth of not less than 30 feet.

(5)

Not more than 30 percent of the lot may be covered by buildings or structures.

(Code 1969, § 5.266; Code 1977, § 28-450)

The planning commission may permit a gasoline service station in C-1, C-2 and C-3 districts, provided that the planning commission shall find that said gasoline service station is so arranged and maintained so as not to affect adversely the normal development or use of neighborhood property in the same district or in an adjoining residential district and in addition the following conditions and safeguards are complied with:

(1)

Gasoline service stations shall observe all regulations required for such structures and their uses by the laws of the state and city code.

(2)

Gasoline service stations shall provide a front yard and two side yards of not less than 20 feet each.

(3)

Where open space is used for storage, parking or sales purposes and is adjoining a residential district, separated only by an alley, a solid wall, compact planting screen or a uniformly painted board fence, not less than four feet in height, shall be erected to screen the view and temper the noise of the station from the adjoining residential district.

(4)

Pumps, hoists or other equipment used in servicing of motor vehicles by either a service garage or a gasoline service station, shall be placed and used only inside the lot lines and shall be set back not less than 18 feet from any street line to which the pump island or hoist is vertical and 12 feet from any street line to which the pump island or hoist is parallel, and not less than ten feet from any residential boundary line; and no servicing shall be permitted on any vehicle while said vehicle is resting wholly or partly on a sidewalk or on a public street or highway.

(5)

On all corner lots all vehicular entrances to or exits from any curb openings shall be set back a minimum of ten feet from the corner property lines extended or from the established right-of-way lines as shown on the master thoroughfare plan. All curb openings, whether on a corner lot or not, shall not exceed 35 feet at the property line. There shall be a minimum of 30 feet measured along the property line between any series of driveways. On corner lots no driveway from a side street shall be less than 40 feet from the rear property line as measured along the side street property line.

(6)

The total storage gasoline capacity of each gasoline service station, hereafter established, shall at no time be in excess of 10,000 gallons per unit, or more than 20,000 gallons.

(Code 1969, § 5.267; Code 1977, § 28-451)

The planning commission may permit a dance hall, pool room, roller rink or bowling alley when after a public hearing the planning commission shall find that such use will not:

(1)

Impair the adequate supply of light and air to adjacent property.

(2)

Increase the hazard from fire, flood or other dangers to said property.

(3)

Diminish the market value of adjacent land and buildings.

(4)

Increase the congestion on public streets in such a manner as to constitute a hazard to the public welfare.

(5)

Be injurious to contiguous or surrounding property.

(6)

Be opposed to the spirit and intent of this chapter.

(7)

Otherwise impair the public health, safety, comfort and general welfare.

(Code 1969, § 5.268; Code 1977, § 28-452)

The planning commission may permit a rebound tumbling apparatus, a rebound tumbling apparatus center or other outdoor or indoor recreational facility only when after a public hearing the planning commission shall find such use to be in compliance with the following:

(1)

Scaled plans shall be submitted in duplicate, showing the location of the rebound tumbling apparatus, the service building and/or any other buildings on the lot. Sufficient construction details for service buildings and mechanical details for toilets, drinking fountain and drainage facilities shall be present that are satisfactory to the building department.

(2)

Rebound tumbling apparatus shall be located on the lot to provide the following minimum distances measured from the outside of the frames:

a.

At least six feet at ends to nearest obstacle.

b.

At least four feet on exposed sides to nearest obstacle.

c.

At least four feet between rows of rebound tumbling apparatus.

d.

In any row, at least three feet between frames or three feet of approved padding between rebound tumbling apparatus.

(3)

Pits shall not exceed four feet in depth without special permission and shall be drained as required by the plumbing code. The construction of the pits, the framing and the padding shall be according to manufacturer's plans and specifications, subject to the approval of the building department.

(4)

The ground area surrounding the rebound tumbling apparatus shall have a level surface of sod, or of pea gravel or equivalent type of material to prevent dust nuisance.

(5)

Toilet facilities for each sex and an approved drinking fountain shall be installed as required by the planning department.

(6)

Each rebound tumbling apparatus facility shall be completely enclosed with a substantial fence and gate not less than six feet nor more than eight feet in height. Strands of barbed wire on brackets shall not be permitted. The fencing material shall be of a type difficult to climb from the outside. Entrance gates shall be equipped with secure locks for use when the facility is not attended.

(7)

Electrical illumination of the area shall be restricted as directed by the city planning commission and approved by the electrical inspection department. There shall be a clear vertical distance of not less than 20 feet between any rebound tumbling apparatus and any overhead utility lines.

(8)

Off-street parking shall be provided as follows:

a.

One space for each rebound tumbling apparatus in the approved site.

b.

Seven spaces for each nine hole miniature golf course.

c.

One space for each additional operational attraction.

d.

One space for each employee on duty.

(9)

Any lighting provided, other than signs, shall be so screened as to prevent all direct light rays from falling upon any adjacent residential zoned property.

(10)

Walls or fences of either masonry or wood construction, six feet in height, shall be constructed between the approved premises and any adjacent residentially zoned property. If such fence is of wooden construction the design or type of fencing shall be subject to approval of the commission.

(11)

Loudspeakers or public address systems shall be prohibited.

(12)

Permitted hours of operation shall be 10:00 a.m. to 11:00 p.m., seven days per week.

(13)

Commission must find such use to be not injurious to contiguous or surrounding neighborhood.

(14)

Applicant shall file either a certificate or photostatic copy of a policy of insurance, said policy to insure the owner of the rebound tumbling apparatus, rebound tumbling apparatus center or other recreational facility against any liability for injuries arising out of the ownership, maintenance or use of said recreational facility. Said policy of insurance shall have a minimum coverage of $10,000.00 for two or more persons injured as the result of any one occurrence or accident. The policy of insurance shall be acceptable and approved by the city attorney.

(Code 1969, § 5.269; Code 1977, § 28-453)

The planning commission may permit a variable setback in a C-2 district, which may be either greater or lesser when it is found that the master plan for the development of a specific block will be more equitable and will better serve the people of the city. This shall not prevent a uniform covered canopy walk to extend not more than 12 feet in width along the street side of the building. When parking is located between the building and the street, all parking facilities shall comply with the regulations specified under section 44-546.

(Code 1969, § 5.270; Code 1977, § 28-454)

The planning commission may permit a commercial garage in C-1, C-2, M-1 and M-2 districts, provided that the planning commission shall find that said commercial garage is so arranged and maintained so as not to affect adversely the normal development or use of neighboring property in the same district or in an adjoining residential district and in addition the following conditions and safeguards are complied with:

(1)

All operations of the commercial garage, except the gasoline pumps, shall be conducted entirely within the building, provided, however, a storage yard adjacent to the garage shall be permitted for storing of wrecked cars taken in after an accident prior to being repaired when enclosed by a building or solid masonry wall not less than six feet in height.

(2)

The height of the building shall not exceed the height limit for the district in which it is located.

(3)

Commercial garages shall comply with the conditions as set forth under section 44-846.

(Code 1969, § 5.271; Code 1977, § 28-455; Ord. No. 422, Art. I, 5-13-2024)

The planning commission may permit a prohibited use or a use of like character in an M-2 district, provided that:

(1)

The use shall be located at least 300 feet from every residential district.

(2)

The use shall be located at least 150 feet from any other district.

(3)

The applicant shall furnish satisfactory proof and evidence that the use can and will comply with the requirements set forth for the district in which the use is permitted, and article VII of this chapter.

(Code 1969, § 5.272; Code 1977, § 28-456; Ord. No. 422, Art. I, 5-13-2024)

The planning commission may permit a public or private horse stables within the R-1 district provided that the following conditions and safeguards are complied with:

(1)

The proposed use shall be located on a parcel of land measuring at least a minimum of 25 acres in size.

(2)

To evaluate the impacts of the facility on adjacent properties, a proposed site plan shall be provided to the planning commission for its review. The site plan shall detail the location of all barns; pastures; riding and training corrals; visitor viewing areas/stands; parking areas; refuse storage areas; vehicular, pedestrian, and horse circulation patterns; club house/lounge areas; lighting; equipment storage yards and sheds; etc.

(3)

Up to 25 horses may be boarded at the facility that meets the minimum parcel size. For each one additional acre of land over the minimum, one additional horse may be boarded at the facility.

(4)

A plan to address the regular removal of manure from the facility shall be presented to the planning commission during special use approval.

(5)

An operations plan that details the construction (phasing if appropriate) and typical seasonal use of the facility including regular activities and planned special or seasonal events that are planned to be held at the facility.

(6)

Any future changes to the special approval permit and its conditions shall require the applicant to obtain a new special approval permit for any added activities or changes to the approved site plan.

(Ord. No. 423, Art. I, 9-9-2024)