The purpose of this chapter is to provide regulations for uses which are not essentially incompatible with uses permitted by right in a given district, but which may only be appropriate if restrictions or conditions are imposed by reason of special problems presented by the use itself or its particular location in relation to neighboring properties. The special land use permit procedure established herein is designed to provide the City Planning Commission with an opportunity to review and act upon any application for a special use permit.

(Ord. 182. Passed 5-12-98.)

   The City Planning Commission shall have the power to approve special land use permit applications with such conditions and safeguards as are appropriate under this Zoning Code or to deny special land use permit applications where not in harmony with the purpose and intent of this Zoning Code.

(Ord. 182. Passed 5-12-98.)

   (a)   Application. An application for a special land use permit shall be made through the Zoning Administrator to the City Planning Commission. The application may be accompanied by an application for a zone change if such change is necessary to accommodate the requested special land use. The required fee shall be as established by City Council resolution.

   (b)   Site Plan Requirement. Applications for a special land use permit shall also be accompanied by a site plan which shall contain the information for final site plans required by Chapter 1258.

   (c)   Additional Information. The Planning Commission may also require that the applicant provide additional information about the proposed use. Such information may include but shall not be limited to: traffic analysis, environmental impact statement, and economic analysis justifying the need for a proposed use or uses, impact on public utilities and services and effect on the public school system.

   (d)   Planning Commission Hearing. The application shall be referred to the Planning Commission which shall hold a public hearing for the application in accordance with the procedures of Section 1242.06. The hearing shall be noticed as follows:

      (1)   A notice shall then be published by the City in a newspaper which circulates in the City. The notice shall be given not less than five nor more than fifteen days before the date the application will be considered. The notice shall state the nature of the request, the location of the property in question, the date, time and place of the hearing and when and where written comments will be received concerning the application.

      (2)   A similar notice that a request for a special land use has been received shall be given by mail to the applicant and to all persons to whom real property is assessed and the occupants of all structures within 300 feet of the boundaries of the subject property. Such notice must be given not less than five days nor more than fifteen days before the date the application will be considered.

(Ord. 182. Passed 5-12-98; Ord. 06-02. Passed 11-28-06.)

   To approve a special land use, the Planning Commission must find that all the following general standards are satisfied, in addition to any applicable standards set forth in this Zoning Code for specific special land uses:

   (a)   Be designed, constructed, operated and maintained so it will be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not result in a detrimental change to the essential character of the area in which it is proposed.

   (b)   Be adequately served by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities and schools.

   (c)   Not create excessive additional requirements at public cost for public facilities and services.

   (d)   Not involve uses, activities, processes, materials and equipment or conditions of operation that will be overly detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

   (e)   Be consistent with the intent and purpose of the zoning district in which such use will be located.

   (f)   Be compatible with and in accordance with the City Master Plan.

(Ord. 182. Passed 5-12-98.)

   (a)   In approving a request for a special land use permit the Planning Commission may impose conditions and safeguards. Such conditions may include but are not limited to conditions necessary to: insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity; protect the natural environment and conserve natural resources and energy; insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

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

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

      (3)   Be necessary to meet the intent and purpose of the Zoning Code, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.

   (b)   The conditions imposed with respect to the approval of a special land use shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the Planning Commission and the applicant. The approving Planning Commission shall maintain a record of the conditions which are changed.

(Ord. 182. Passed 5-12-98.)

   (a)   Planning Commission approval of a special land use permit shall be valid regardless of change of ownership, provided that all terms and conditions are complied with by the new owners.

   (b)   In cases where development authorized by a special land use permit has not commenced within one year of issuance, the permit shall automatically terminate. Upon written application and submission of the required fee filed before the termination of the one year period the City Planning Commission may authorize a single extension for a further period of not more than one year.

   (c)   The Planning Commission shall have the authority to revoke a special land use permit following a public hearing with notice given as required herein. Such permit may be revoked upon evidence that the applicant, owner or operator has failed to comply with the requirements of the permit as stipulated by the Planning Commission and any other applicable regulations of this Zoning Code.

(Ord. 182. Passed 5-12-98.)

   (a)   Any person or agency for which a special land use has been approved shall notify the Zoning Administrator of any proposed amendment to the approved use and site plan. Any minor change such as dimension changes, increase in parking, drive relocation, landscaping changes, or movement of lighting or signs may be approved by the Zoning Administrator who shall notify the Planning Commission in writing of such amendments. A copy shall be placed in the file of the original permit requested.

   (b)   Any major changes to any approved special land use shall comply with the filing procedures contained herein for special land use. Major changes shall include but are not limited to increasing the density or number of dwelling units, increasing the number of buildings or land area and the addition of another use or uses not initially authorized under the original site plan. The Zoning Administrator shall determine if other similar changes constitute a major amendment.

(Ord. 182. Passed 5-12-98.)

   The following provisions are standards for specific special land uses which must be satisfied to qualify for a special land use, in addition to the general standards set forth in this chapter.

(Ord. 182. Passed 5-12-98.)

   (a)   In addition to providing a site plan as required by this Zoning Code an applicant for a bed and breakfast shall also provide a floor plan noting total square footage of the dwelling unit and the use and square footage of each room.

   (b)   The following standards shall be met:

      (1)   There shall be no separate cooking facilities in the bedroom area.

      (2)   One off-street parking space shall be provided for each transient room in the bed and breakfast. All off-street spaces shall also conform to the requirements of Chapter 1259.

      (3)   The dwelling unit in which the bed and breakfast is located shall be the principal residence of the operator/owner and said operator/owner shall live on premises when the bed and breakfast operation is active.

      (4)   The bed and breakfast shall comply with all applicable regulations of the Oceana District Health Department and the State of Michigan.

      (5)   A bed and breakfast located in a residential zoning district shall be permitted one sign not to exceed six square feet and shall be setback five feet from the front and side lot lines.

   (c)   A bed and breakfast located in a nonresidential zoning district shall be permitted to install signs in accordance with the sign requirements of this Zoning Code for that zoning district in which the bed and breakfast is located.

(Ord. 182. Passed 5-12-98.)

   (a)   Day care facilities shall only be located within a single family home, religious institution, or business establishment. If located within a single family home, the owner/operator of the day care facility shall reside on the premises.

   (b)   All outdoor play areas shall be enclosed by a fence that is at least fifty-four inches high and shall be no nearer than ten feet to any adjacent residential structure.

   (c)   The day care facility shall be operated in a manner consistent with the visible characteristics of the neighborhood.

   (d)   The day care facility shall not require the modification of the exterior of the dwelling. Play equipment or play areas shall not be located in the front yard.

   (e)   Off-street parking shall be provided for all employees in addition to the parking required for the residence itself.

   (f)   The facility may be inspected by the Zoning Administrator for compliance with these standards prior to occupancy and at any time thereafter.

   (g)   The facility shall comply with all applicable rules of Public Act 116 as amended (State Licensing Rules for Child Care Centers).

(Ord. 182. Passed 5-12-98.)

   (a)   Child care centers shall be licensed by the State of Michigan under Act 116 of the Public Acts of 1973.

   (b)   A child care center shall not be located closer than 600 feet to any of the following facilities as measured along a street, road or other public thoroughfare, excluding an alley:

      (1)   A residential facility offering substance abuse treatment and rehabilitation services which is licensed by the State of Michigan.

      (2)   A community correction center, halfway house or other similar facility which houses an inmate population under the jurisdiction of the Department of Corrections.

   (c)   The minimum lot area shall be 17,000 square feet with a minimum lot width of 132 feet.

   (d)   A child drop-off/pick-up area shall be provided off of the public right-of-way.

   (e)   Child care centers shall comply with the minimum building setbacks specified for principal buildings in the zoning district in which the child care center is located.

   (f)   The outdoor play area shall not be located within the required front-yard-building- setback area. Such area shall be enclosed by a fence that is at least fifty-four inches high and complies with the applicable regulations for fences as required by this Zoning Code.

   (g)   Where such use abuts existing residential land use or a residential zoning district landscaping shall be provided as specified in Chapter 1243.

   (h)   The facility shall be connected to public water and sanitary sewer.

   (i)   A child care center may be located within a church provided all requirements of this section are met.

(Ord. 182. Passed 5-12-98.)

   (a)   The maximum density shall not exceed twelve units per acre. For purposes of this section a unit shall include a room in a nursing or convalescent home or a unit with or without kitchen facilities designed for occupancy by not more than four persons.

   (b)   Uses permitted shall include but need not be limited to: group dining facilities; recreational facilities; commercial or retail uses for use by residents or their guests, child or adult day care facility, limited medical or therapy facilities for residents.

   (c)   Where such use abuts existing residential land use or a residential zoning district landscaping shall be provided as specified in Chapter 1243.

   (d)   The facility shall be connected to public water and sanitary sewer.

   (e)   The facility shall be located so as to provide its residents with safe and convenient pedestrian or vehicular access to community services such as transportation, shopping, recreation and medical services.

(Ord. 182. Passed 5-12-98.)

   (a)   Purposes. In the development and execution of this Zoning Code, it is recognized that there are some uses which, because of their very nature, have serious operational characteristics, particularly when one or more of them are located in near proximity to residential zones, thereby having a deleterious effect upon adjacent areas. Regulation of these uses through location is necessary to ensure that the adverse effects of such uses will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are for the purpose of preventing a concentration of these uses within any one area or to prevent deterioration or blighting of nearby residential neighborhoods.

   (b)   Definitions. As used in this section.

      (1)   "Adult book store" means an establishment which has a substantial or significant portion of its stock-in-trade for sale or rent, which stock-in-trade consists of books, magazines, newspapers, videotapes, video discs and motion pictures which are characterized by an emphasis on specified sexual activities or specified anatomical areas, or which establishment excludes admission to minors by virtue of age.

      (2)   "Adult business" includes, but is not limited to, adult book stores, adult video stores, adult personal service businesses, adult cabarets, adult novelty businesses, massage parlors, nude modeling studios and tattoo parlors.

      (3)   "Adult cabaret" means a cafe, restaurant or bar where patrons are entertained by dancers, strippers or male or female impersonators, whether accompanied by music or not, whose conduct is characterized by an emphasis on specified sexual activities or specified anatomical areas.

      (4)   "Adult motion picture theater" means any establishment, or part thereof, 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 therein.

      (5)   "Adult novelty business" means a business which has as a principal activity the sale of devices which stimulate human genitals or devices designed for sexual stimulation.

      (6)   "Adult personal service business" means a business having as its principal activity a person, while nude or while displaying specified anatomical areas, providing personal services for another person. Such businesses include, but are not limited to, modeling studios, body painting studios, wrestling studios, conversation parlors and theatrical performances or entertainment.

      (7)   "Adult store" means an establishment which has in excess of fifty percent of its stock-in-trade for sale or rental to the public or patrons, video cassettes or video tapes, having as a dominant theme an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas.

      (8)   "Buttock" includes the anus and perineum of any person.

      (9)   "Church" means a building used for regular public worship services and exempt from taxation under the General Property Tax Act of the state.

      (10)   "Massage" means the manipulation of body muscle or tissue by rubbing, stroking, kneading, tapping or vibrating, through the use of a physical, mechanical or other device, of the body of another, for a fee.

      (11)   "Massage parlor" means an establishment wherein private massage is practiced, used or made available as a principle use of the premises.

      (12)   "Nude modeling studio" means any building, structure, premises or part thereof used primarily as a place which offers as its principal activity the providing of models to display specified anatomical areas for artists and photographers for a fee.

      (13)   "Protected use" means a church, school or public park.

      (14)   "Public park" means any park owned and maintained by the City.

      (15)   "School" means a public or private school offering education to students enrolled in pre-kindergarten, kindergarten, one or more grades of one through twelve, or post secondary education.

      (16)   "Sexual intercourse" includes fellatio, cunnilingus, anal intercourse and any other intrusion, however slight, of any part of a person's body, or of any object into the genital or anal openings of another's body.

      (17)   "Sodomy" means sexual beastiality.

      (18)   "Specified anatomical areas" means:

         A.   Less than completely and opaquely covered:

            1.   Human genitalia and pubic region;

            2.   Buttock; or

            3.   Female breast below a point immediately above the top of the areola; or

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

      (19)   "Specified sexual activities" means:

         A.   The stimulation or arousal of human genitalia;

         B.   Acts of human masturbation, sexual intercourse or sodomy; or,

         C.   Fondling or other erotic touching of human genitalia, pubic region, buttock or female breast.

      (20)   "Tattoo parlor" means a business having as its principal activity the application or placing, by any method, of designs, letters, scrolls, figures, symbols or other marks upon or under the human skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin, not including permanent cosmetic services.

   (c)   Authorization. The Planning Commission may, by the issuance of a special use permit, authorize the uses specified within this Zoning Code only in the C-2 Zoning District and after finding that the following conditions exist:

      (1)   The parcel upon which the use is intended is located outside a 200 foot radius of any parcel upon which is located any residence, dwelling place, daycare facility, church, or school unless a petition requesting waiver of this requirement is received and certified by the City Clerk signed by fifty-one percent of those adult persons or institutions residing within or owning residential, daycare, school, or church property within a 300 foot radius of the proposed location in which case the Planning Commission may waive this requirement.

      (2)   The use is not located within the 200 foot radius of one other such use except that such restriction may be waived by the Planning Commission if the following findings are made:

         A.   That the proposed use will not be contrary to the interest or injurious to nearby properties and that the spirit and intent of this section will be observed.

         B.   That the proposed use will not enlarge or encourage the development of a blighted or deteriorating area in its immediate surroundings.

         C.   That the establishment of a regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program or urban renewal.

         D.   That all applicable state laws and local ordinances will be observed.

   (d)   Limit in Reapplication. No application for a regulated use which has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial, except on the ground of new evidence not previously available or proof of changed conditions.

   (e)   Miscellaneous Requirements.

      (1)   The height, yard, lot area, lot width, building coverage, sign and parking requirements of an adult business shall conform to the requirements for the zone in which it is located and with the standards for special land use approval contained within the Zoning Code.

      (2)   The distance between an adult business and a protected use shall be measured in a straight line, without regard to intervening structures or objects, from the lot line of the adult business or building containing an adult business to the nearest lot line of the protected use.

   (f)   Exceptions. The provisions of this Zoning Code regarding massage parlors shall not apply to licensed masseuse for fitness clubs, hospitals, sanitariums, sanitoriums, nursing homes or medical clinics, or to the offices of a physician, surgeon, podiatrist, chiropractor, osteopath or physical therapist, duly licensed by the State, or to barber shops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders of patrons.

(Ord. 182. Passed 5-12-98; Ord. 22-02. Passed 2-8-22.)

   (a)   The lot shall be a minimum of eighty feet of frontage.

   (b)   The structure shall be aesthetically compatible with single-family homes in the area and shall comply with the standards of Section 1243.20.

   (c)   At least two off-street parking spaces shall be provided on site for each dwelling unit. In no case shall the parking spaces be in the required front yard. Parking spaces shall be situated so the occupants of one unit do not encumber the parking access of the occupants of the other unit.

   (d)   Each dwelling unit shall have a minimum of 750 square feet of living space per dwelling unit exclusive of basements.

   (e)   The Planning Commission may require screening if a duplex abuts a lot used for single-family purposes.

   (f)   The lot on which the duplex is located must be a minimum of 400 feet from the property line of another duplex.

(Ord. 2005-6. Passed 6-28-05.)