- CONDITIONAL USES12
State Law reference— Special land uses, MCL 125.584a.
Because the uses referred to in this article possess unique characteristics making it impractical to include them in a specific use district classification, such uses shall be permitted by the planning commission under the conditions specified, and after public hearing. In every case, the use referred to in this article shall be specifically prohibited from any R-1, R-2, R-3, or RM-1 districts.
(Code 1979, § 17.48.010)
Conditional uses require special consideration since they service an area larger than the city and require sizable land areas, creating problems of control with reference to abutting use districts. Reference to those uses falling specifically within the intent of this article is as set forth in this article.
(Code 1979, § 17.48.020)
Because outdoor theaters possess the unique characteristic of being used only after dark and since they develop concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted in I districts and in B-3 districts only when the site in question abuts an I district. Outdoor theaters shall further be subject to the following conditions:
(1)
The proposed internal design shall receive approval from the planning commission and the city manager as to adequacy of drainage, lighting and other technical aspects.
(2)
Points of ingress and egress shall be available to and from the outdoor theater, from abutting streets having a right-of-way of at least 66 feet in width.
(3)
All vehicles waiting or standing to enter the facilities shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
(4)
The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within and directed onto the premises of the outdoor theater site.
(5)
The proposed outdoor theater shall be subject further to the review and approval of the city council.
(Code 1979, § 17.48.030)
Communication/transmission towers and their attendant facilities shall be permitted in I districts subject to the following conditions:
(1)
Communication/transmission towers of any type or structure shall be constructed and installed in compliance with the single state construction code.
(2)
The use shall be located centrally on a continuous parcel having horizontal dimensions of not less than one times the height of the structure, or not less than one times the height of the calculated fall distance, as measured from the base of the structure to all points on the property line, or a minimum distance of 30 feet from all points on the property line, whichever is greater.
(3)
No antennal structure may be installed, mounted or erected on the roof of a building at or within any point that is nearer to any lot line than the total distance between the top of the antennal structure and the ground, nor shall any antennal structure be installed, mounted or erected within six feet from electric power lines or power poles, nor shall any antennal structure encroach upon any street or public place.
(4)
The proposed construction, installation mounting and/or erection of a communication/transmission tower or any attendant facility of same shall, prior to construction, installation, mounting or erection, be subject to:
a.
Submission to and review and approval of a site plan for compliance with all applicable ordinances, statutes, rules and regulations by the city planning commission.
b.
Approval by the city engineer as to the adequacy of drainage, lighting, general safety, properly calculated and engineered fall distance, and other technical aspects.
c.
Final review and approval of the site plan for compliance with all applicable ordinances, statutes, rules and regulations by the city council.
(Code 1979, § 17.48.040)
Because race tracks develop a concentration of vehicular traffic in terms of ingress and egress from their parking areas, and cause noise levels which may project beyond the property so used, they shall be permitted in the I districts when located adjacent to a major thoroughfare, and shall be located on a parcel of land which is abutting land zoned for industrial purposes on all sides of the parcel in question, and shall be subject further to the following conditions and such other controls as the planning commission deems necessary to promote health, safety and general welfare in the city:
(1)
All parking shall be provided as off-street parking within the boundaries of the development.
(2)
All access to the parking areas shall be provided from a street having a right-of-way at least 66 feet in width.
(3)
All sides of the development not abutting an industrial zone shall be provided with a greenbelt planting of not less than 20 feet and a fence or wall so as to obscure from view all activities within the development. The planting shall be in accord with article X of this chapter.
(Code 1979, § 17.48.060)
- CONDITIONAL USES12
State Law reference— Special land uses, MCL 125.584a.
Because the uses referred to in this article possess unique characteristics making it impractical to include them in a specific use district classification, such uses shall be permitted by the planning commission under the conditions specified, and after public hearing. In every case, the use referred to in this article shall be specifically prohibited from any R-1, R-2, R-3, or RM-1 districts.
(Code 1979, § 17.48.010)
Conditional uses require special consideration since they service an area larger than the city and require sizable land areas, creating problems of control with reference to abutting use districts. Reference to those uses falling specifically within the intent of this article is as set forth in this article.
(Code 1979, § 17.48.020)
Because outdoor theaters possess the unique characteristic of being used only after dark and since they develop concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted in I districts and in B-3 districts only when the site in question abuts an I district. Outdoor theaters shall further be subject to the following conditions:
(1)
The proposed internal design shall receive approval from the planning commission and the city manager as to adequacy of drainage, lighting and other technical aspects.
(2)
Points of ingress and egress shall be available to and from the outdoor theater, from abutting streets having a right-of-way of at least 66 feet in width.
(3)
All vehicles waiting or standing to enter the facilities shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
(4)
The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within and directed onto the premises of the outdoor theater site.
(5)
The proposed outdoor theater shall be subject further to the review and approval of the city council.
(Code 1979, § 17.48.030)
Communication/transmission towers and their attendant facilities shall be permitted in I districts subject to the following conditions:
(1)
Communication/transmission towers of any type or structure shall be constructed and installed in compliance with the single state construction code.
(2)
The use shall be located centrally on a continuous parcel having horizontal dimensions of not less than one times the height of the structure, or not less than one times the height of the calculated fall distance, as measured from the base of the structure to all points on the property line, or a minimum distance of 30 feet from all points on the property line, whichever is greater.
(3)
No antennal structure may be installed, mounted or erected on the roof of a building at or within any point that is nearer to any lot line than the total distance between the top of the antennal structure and the ground, nor shall any antennal structure be installed, mounted or erected within six feet from electric power lines or power poles, nor shall any antennal structure encroach upon any street or public place.
(4)
The proposed construction, installation mounting and/or erection of a communication/transmission tower or any attendant facility of same shall, prior to construction, installation, mounting or erection, be subject to:
a.
Submission to and review and approval of a site plan for compliance with all applicable ordinances, statutes, rules and regulations by the city planning commission.
b.
Approval by the city engineer as to the adequacy of drainage, lighting, general safety, properly calculated and engineered fall distance, and other technical aspects.
c.
Final review and approval of the site plan for compliance with all applicable ordinances, statutes, rules and regulations by the city council.
(Code 1979, § 17.48.040)
Because race tracks develop a concentration of vehicular traffic in terms of ingress and egress from their parking areas, and cause noise levels which may project beyond the property so used, they shall be permitted in the I districts when located adjacent to a major thoroughfare, and shall be located on a parcel of land which is abutting land zoned for industrial purposes on all sides of the parcel in question, and shall be subject further to the following conditions and such other controls as the planning commission deems necessary to promote health, safety and general welfare in the city:
(1)
All parking shall be provided as off-street parking within the boundaries of the development.
(2)
All access to the parking areas shall be provided from a street having a right-of-way at least 66 feet in width.
(3)
All sides of the development not abutting an industrial zone shall be provided with a greenbelt planting of not less than 20 feet and a fence or wall so as to obscure from view all activities within the development. The planting shall be in accord with article X of this chapter.
(Code 1979, § 17.48.060)