The formulation and enactment of this chapter is based upon the division of the village into districts, each of which are permitted specified uses which are mutually compatible. In addition to permitted compatible uses, however, it is recognized that there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts, but which on account of their actual or potential impact on neighboring uses or public facilities, need to be carefully regulated with respect to their location for the protection of the village. Such uses, on account of their peculiar location, need or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as a permitted use.

(Prior Code, § 750.01) (Ord. -, passed 3-20-2004)

   The Village Council with recommendations from the Village Planning Commission shall have the authority to grant conditional use permits, subject to such conditions of design and operation, safeguards and time limitations as it may determine for all conditional uses specified in the various district provisions of this subchapter.

(Prior Code, § 750.02) (Ord. -, passed 3-20-2004)

   (A)   Application for any conditional use permit permissible under the provisions of this subchapter shall be made by the owner of the property to the Village Manager, who shall refer it for review and recommendations to the Zoning Administrator. The application shall contain the applicant’s name, address in full, telephone number, a statement that the applicant is the owner involved and where applicable, appointing a person to act on the owner’s behalf at any meetings with village officials relative to the application, the address of the property involved, property ID number, site plan or sketch plan, proof of any required federal, state and county licenses, other required data, exhibits and information as may be deemed necessary by the Planning Commission, and the deposit of a non-refundable fee in accordance with the requirements of division (B), below.

   (B)   After processing the application as prescribed in division (A), above, the Zoning Administrator shall forward his or her recommendations to the Planning Commission, who shall conduct a site plan review that conforms to the requirements of this chapter.

(Prior Code, § 750.03) (Ord. -, passed 3-20-2004)

   (A)   If the site plan is approved by the Planning Commission, and the application for a the conditional use permit, requires a decision on discretionary grounds, one notice that an application for conditional use permit has been received shall be published in a newspaper which circulates in the village, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notice shalt be given not less than five, nor more than 15 days before the date the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, then one occupant of each unit or spatial area shall receive a notice. In the case of a single structure containing more than four dwelling units or other distinct spatial area owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

   (B)   The notice shall:

      (1)   Describe the nature of the application for the conditional use permit;

      (2)   Indicate the property which is the subject of the application for the conditional use permit;

      (3)   State when and where the application for the conditional use permit will be considered;

      (4)   Indicate when and where written comments will be received concerning the application; and

      (5)   Indicate that a public hearing on the application for the conditional use permit may be requested by any property owner or the occupant of any structure located within 300 feet of the boundary of the property being considered for a conditional use permit.

(Prior Code, § 750.04) (Ord. -, passed 3-20-2004)

   The Village Planning Commission, following the public hearing called for above, shall review the particular circumstances and facts of each application, shall record adequate data, information and evidence, based upon the data, exhibits and information supplied by the applicant, with respect to each item set forth in the general standards set forth in § 152.275 of this subchapter and the specific standards for those uses listed in § 152.279. The Planning Commission shall submit its report thereof to the Village Council together with its recommendation of the issuance or denial of a conditional use permit and if a recommendation of the issuance of a conditional use permit is made, the specific terms and conditions which must be complied with by the owner of the property.

(Prior Code, § 750.05) (Ord. -, passed 3-20-2004)

   No conditional use permit shall be issued unless, based upon the report supplied by the Planning Commission, the Village Council determines that:

   (A)   The parcel will, according to the plans and specifications, data, exhibits and information supplied to the Planning Commission by the applicant, meet the specific requirements and regulations, as set forth in this subchapter, applicable to the conditional use in the zoning district in which the use is to be located and shall be lawful under all federal, state and local laws, ordinances and regulations applicable thereto.

   (B)   The property will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures and refuse disposal, or that the persons who will own or operate the property shall be able to provide any such service on a non-public basis. In this regard, the plans and specifications for which a conditional use permit has been applied may be submitted by the Village Planning Commission to the local police and fire department and to the County Health Department with a request for a written determination that the building will comply with applicable village, state and federal laws, ordinances and regulations applicable thereto.

   (C)   The parcel will not be hazardous or disturbing to existing or future neighborhood uses.

   (D)   The property will not create excessive additional requirements at public cost for public facilities and services.

   (E)   The property will be harmonious with and in accordance with the general objectives or with any specific objectives of the Village Master Plan then in effect.

   (F)   The property will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that the conditional use will not change the essential character of the general vicinity.

   (G)   The property will be a substantial improvement to property in the immediate vicinity and to the community as a whole.

   (H)   The property will not involve uses, activities, processes, materials, and equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive traffic, noise, smoke, fumes, glare or odors.

(Prior Code, § 750.06) (Ord. -, passed 3-20-2004)

   In issuing a conditional use permit, the Village Council may require a surety or cash bond to be furnished by the owner to insure compliance with the provisions of this subchapter applicable thereto and with the specific terms, conditions or limitations of the conditional use permit issued by the Village Council. The amount of the bond shall be determined by the Village Council.

(Prior Code, § 750.07) (Ord. -, passed 3-20-2004)

   The Village Planning Commission may recommend, and the Village Council may impose, such additional conditions, limitations, requirements and safeguards deemed necessary for the protection of the general welfare of the village and for the protection of the individual property owners in the vicinity and to insure that the intent and objectives of this subchapter will be observed.

(Prior Code, § 750.08) (Ord. -, passed 3-20-2004)

   (A)   The issuance of a conditional use permit by the Village Council shall entitle the owner to continue to operate the conditional use so long as he or she remains in compliance with the terms and conditions, limitations, requirements, and safeguards set forth in the conditional use permit, and if such a conditional use permit is granted, does expressly grant to the village, for the enforcement of this subchapter, the power and authority to enter upon the premises at any reasonable time for the purpose of inspection and enforcement of the terms of this subchapter or of the terms of the conditional use permit.

   (B)   In the event the owner or occupant of the property for which a conditional use permit has been issued, violates any provision of this subchapter or any term, condition, limitation, regulation or safeguard contained in the conditional use permit, the conditional use permit may be revoked and become null and void and the owner or occupant shall be deemed to be in violation of this subchapter. In addition to all other remedies provided herein, in the event that such conditional use permit shall become null and void, the compliance bond, if any, given by the owner under the provisions of this subchapter shall be forfeited.

(Prior Code, § 750.09) (Ord. -, passed 3-20-2004)

   In addition to the general standards outlined in § 152.275, each conditional use shall comply with the sign regulations established within §§ 152.340 through 152.346 and the parking regulations established in §§ 152.086 and 152.087. For each use identified below, there shall be additional specific standards as required in the section pertaining to that use.

 

(Prior Code, § 750.10) (Ord. -, passed 3-20-2004)

   In addition to and as an integral part of development, the following provisions shall apply:

   (A)   Junk yards shall be established and maintained in accordance with applicable State of Michigan Statutes.

   (B)   (1)   It is recognized that the location in the open of such materials included in this chapter’s definition of junk yard will cause the reduction of the value of adjoining property. To the end that the character of the district shall be maintained and property values conserved, an opaque fence or wall at least seven feet in height, and not less in height than the materials located on the lot on which a junk yard shall be operated, shall be located on the lot no closer to the lot lines than the yard requirements for buildings permitted in this district. All gates, doors and access ways though the fence or wall shall be of solid, un-pierced material. In no event shall any materials included in this chapter’s definition of junk yard be located on the lot on which a junk yard shall be operated in the area between the lines of the lot and the opaque fence or wall located on the lot.

      (2)   In addition to the foregoing requirements, the Planning Commission may require a greenbelt complying with the provisions of § 152.075.

   (C)   All traffic ingress or egress shall be on major streets, and there shall be not more than one entrance way to the lot on which a junk yard shall be operated from each public road which the lot abuts.

   (D)   On the lot on which a junk yard shall be operated, all roads, driveways, parking lots, and loading and unloading areas within any yard shall be paved, or chemically treated so as to limit the nuisance caused by windborne dust onto adjoining lots and public roads.

(Prior Code, § 750.11) (Ord. -, passed 3-20-2004)

   Any gasoline sales and convenience center in any district shall conform at least to the following regulations. Where the setback and lot coverage regulations for any district in which a gasoline sales and convenience center is located are more restrictive than the regulations contained hereinafter, all gasoline sales and convenience centers shall conform to the more restrictive dimensional requirements.

   (A)   General. No part of the parcel shall be used for the storage of dismantled vehicles or junk.

   (B)   Frontage and area. The parcel shall have a minimum frontage of 120 feet and a minimum area of 12,000 square feet.

   (C)   Setback. Every structure shall have a minimum setback from the street right-of-way of 35 feet and a minimum setback from all property lines of 25 feet. A greenbelt area in accordance with the regulations specified in § 152.075 may be required by the Village Council.

   (D)   Construction standards. The facility shall be constructed to conform to the following standards:

      (1)   Suitable separation shall be made between the pedestrian sidewalk and vehicular parking or moving area with the use of appropriate bumpers, wheel guards or traffic islands. Where the portion of the property used for vehicular traffic abuts a street, that portion shall be separated from the street line by a curb at least six inches high.

      (2)   The entire area used for vehicle ingress, egress, fueling, service, and customer parking shall be paved, except for such unpaved area as is landscaped and protected from vehicle use by a low barrier.

      (3)   Hydraulic hoist, lubricating, greasing, washing and repair equipment shall be entirely within a building. Tire and battery service and minor automobile repairs may be carried on outside of the building.

      (4)   The maximum widths of all driveways at the sidewalk shall be no more than 30 feet.

      (5)   The minimum angle of driveway intersection with the street from the curb line to lot line shall be no less than 60 degrees.

      (6)   The minimum distance between curb cuts shall be no less than 40 feet.

   (E)   Lighting. All lighting shall be accomplished in a manner such that no illumination source causes nuisance to adjacent properties.

   (F)   Off-street parking. Shall conform to the regulations specified in § 152.086.

   (G)   Signs. Shall conform to the regulations specified in § 152.343.

(Prior Code, § 750.12) (Ord. -, passed 3-20-2004)

   In addition to the planned unit development procedures contained in §§ 152.130 through 152.134 and the standards contained in §§ 152.145 through 152.148, the following specific conditions and requirements shall apply to the following planned unit developments.

   (A)   Planned unit residential developments.

      (1)   Shall occupy a site of not less than five acres.

      (2)   The maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the underlying district or districts in which the planned unit residential development site is located. Net development area is determined by subtracting water, muck, and peat areas, and areas set aside for churches, schools and similar facilities and the area proposed for streets from the gross development area.

      (3)   The area of land set aside for common land, open space, or recreation, except as above indicated, shall be included as a part of the net development area.

   (B)   Planned neighborhood shopping centers. Shall occupy a site of not less than three acres.

   (C)   Planned community and regional shopping centers. Shall occupy a site of not less than ten acres.

(Prior Code, § 750.13) (Ord. -, passed 3-20-2004)

   Essential service buildings, and other major essential service installations (which may or may not involve buildings) including, without limitation, structures and facilities such as electric substations and gas regulator stations and substations, may be allowed as a conditional use provided that the Planning Commission shall give consideration to the architecture, landscaping, setbacks, enclosures and other features of the building or installation and may impose reasonable conditions as deemed necessary to protect the neighborhood.

(Prior Code, § 750.14) (Ord. -, passed 3-20-2004)

   (A)   An agri-business and buildings, structures, lots, parcels, or parts thereof which provide services, goods, storage, transportation or other activities directly related to the production of agricultural commodities may be permitted as a conditional use.

   (B)   An agri-business may include, but is not limited to:

      (1)   Farm machinery, sales, service, rental and repair;

      (2)   Grain elevators for storage, drying and sales;

      (3)   Bulk feed and fertilizer outlets and distribution centers;

      (4)   Grain and livestock trucking and cartage facilities; and/or

      (5)   Dairy products, production and processing operations.

(Prior Code, § 750.15) (Ord. -, passed 3-20-2004)

   (A)   Churches, public buildings, public, parochial and private nonprofit schools and colleges (not operated as commercial enterprises), public swimming pools and public parks. All buildings shall be located at least 50 feet from any adjoining lot line.

   (B)   Publicly-owned athletic grounds and golf courses, and athletic grounds, country clubs and golf courses owned by non-profit entities (not operated as commercial enterprises). The use shall be conducted on property of at least ten acres and all buildings shall be located at least 50 feet from any adjoining lot line.

(Prior Code, § 750.16) (Ord. -, passed 3-20-2004)

   (A)   Purpose. Regulation of commercial wireless communication service towers is necessary to protect the public health, safety and welfare while meeting the communications needs of the public. The intent of this section is to minimize adverse visual effects of towers and avoid damage to adjacent properties, while adequately serving the community.

   (B)   Towers permitted in zoning districts. Towers are permitted by right within the (OAC)-open space and waterbody districts. All towers shall be subject to the following general standards for approval:

      (1)   In order to contain falling ice or debris from tower failure on site, and to minimize conflict with adjacent properties, the base of a freestanding (lattice or monopole) or guy-wired (lattice) tower shall be set back 150% of the height of the tower from any property line or road right-of-way as measured from the tower base.

      (2)   For leased sites, a legally described parcel shall be established which provides suitable location and size to meet the requirements of this subchapter.

      (3)   The maximum tower height shall be 300 feet as measured from the ground elevation.

      (4)   The tower base shall be enclosed by a security fence, consisting of a six foot tall chain link fence topped with three strands of barbed wire or an eight foot tall chain link fence. All towers shall be equipped with an anti-climbing device.

      (5)   A six foot tall landscape screen is required to screen around the exterior perimeter of the fenced area.

      (6)   The use of guy wires is strictly prohibited unless approved by the Planning Commission. Approval shall be based upon the wire anchors for guyed towers being set back 75 feet from all property lines, that they be located on the same parcel as the tower and that these provisions are subject to approval of the site plan.

   (C)   Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. If lighting is required, a dual lighting system shall be employed to minimize the impact at night.

   (D)   Signs. The use of any portion of a tower for signs other than warning or equipment information is prohibited.

   (E)   Application requirements. Application must be made for a building permit, and the following information must be submitted:

      (1)   (a)   A site plan of the proposed tower location showing all existing and proposed features of the site. This shall identify all buildings which are on the subject property as well as any buildings and residences on adjacent properties within 350 feet of the tower base.

         (b)   The site plan shall also identify the location of the maintenance buildings, which are to be located within the secured fence area, including the pads needed to support such facilities for any future carrier needs. The site plan shall also indicate the height of the proposed tower above grade, and any other improvements.

      (2)   Documentation of the purpose of the tower, the number and type of joint users to be served at the site, Federal Aviation Administration approval and an engineer's certification of structural and electrical safety. The village may require that any information that is submitted be certified by a licensed professional engineer.

      (3)   A description of the appearance and color of the tower, with the intent to camouflage the tower to an extent possible to reduce the visual impacts of the tower.

   (F)   Location and separation requirements. All commercial wireless telecommunications towers erected, constructed or located within Homer Village shall comply with the following requirements:

      (1)   A new commercial wireless telecommunications tower shall not be approved unless the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or similar device within the village. The applicant must provide information related to their investigation of the potential for co-location on all other towers within the village and within a one-mile area surrounding the village. This provision may be waived should the applicant produce and justify data related to the tower's or building's structural inadequacy, negative impact from other communications devices or services, insufficient height or other verifiable reason.

      (2)   Any proposed commercial wireless telecommunications service tower shall be designed to accommodate both the applicant's equipment and that of at least two other users. Any developer of a tower site must have a firm commitment (lease agreement) from the property owner and from at least one carrier to locate on the tower at the time of the application.

   (G)   Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Village Council. A copy of the relevant documents (including, but not limited to, the signed lease, deed or land contract restrictions which requires the applicant to remove the tower and associated facilities upon cessation of the operations) shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities shall be removed by the village and the costs of removal assessed against the real property. The Village Clerk shall be notified of any change in the status of the tower, including a change in ownership, terms of the lease or removal of a carrier co-locating on that tower.

   (H)   Antennas or towers may be located on property owned, leased, or otherwise controlled by the village provided a license or lease authorizing such antenna or tower has been approved by the Village Council.

(Prior Code, § 750.17) (Ord. -, passed 3-20-2004)

   (A)   An application to construct a commercial kennel for the purpose of boarding five or more domesticated animals shall require any necessary permits and approvals from the county and the State of Michigan before an application for a conditional use permit may be considered.

   (B)   Commercial kennels shall be subject to the following specific conditions:

      (1)   There shall exist a 100-foot setback from any adjacent property line for any exterior area used for boarding of animals or animal exercise (such as a dog run).

      (2)   Any buildings constructed for interior boarding shall be soundproofed and located no closer than 50 feet to any adjoining property line.

      (3)   Perimeter landscaping and/or fencing shall be utilized to screen those areas from such adjacent property.

(Prior Code, § 750.18) (Ord. -, passed 3-20-2004)

   Mini-storage warehouse facilities shall be subject to the following specific conditions:

   (A)   The entire site perimeter shall be secured with a fence at least six feet in height. Where the site abuts a residential zone, there shall be screening through use of greenbelt buffers meeting the requirements in § 152.075 or an opaque fence.

   (B)   Drive aisles and parking areas shall be paved and properly drain, with storm water managed on site. There shall be no outside storage permitted.

   (C)   Adequate lighting shall be installed in a manner to provide for required security, with no stray illumination onto any adjoining properties. No use of storage facilities shall be allowed for retail purposes.

(Prior Code, § 750.19) (Ord. -, passed 3-20-2004)

   Drive-in or drive-through retail establishments shall be subject to the following conditions:

   (A)   Where the use is proposed adjacent to a residential zone, the drive-through lane or parking area providing for drive-in service, shall be properly screened and landscaped in order to minimize noise and conflict with the adjoining use. (See greenbelt buffer requirements, § 152.075).

   (B)   The drive-through lane shall have at least a 12-foot width and shall accommodate the stacking of at least five vehicles or roughly 100 feet in length. Where conflict may exist with pedestrian movement from parking areas, this access shall be clearly marked for safety purposes.

(Prior Code, § 750.20) (Ord. -, passed 3-20-2004)

   The following conditions shall apply to any facility providing for the sale of new or used vehicles, trailers or manufactured homes and any related service, including repair:

   (A)   The standards associated with the parking of vehicles for sale shall include all parking and loading requirements contained in §§ 152.086 and 152.087, and the sign requirements contained in §§ 152.340 through 152.346.

   (B)   A greenbelt buffer meeting the requirements in § 152.075 shall be established on all sides where vehicle parking is adjacent to an adjoining property line and on any side adjoining a residential district.

   (C)   A 20-foot landscaped area shall be established within the front yard setback where vehicle parking is within the front yard setback. This same standard shall apply for corner lots where two front yards are created.

   (D)   There shall be no inoperable vehicles stored outside and no vehicle repair to occur other than within an enclosed building.

   (E)   There shall be lighting for security purposes, with no stray illumination onto any adjoining property.

(Prior Code, § 750.21) (Ord. -, passed 3-20-2004)

   Single-family manufactured homes not otherwise satisfying the minimum width and/or floor area requirements for single story dwelling units may be used as temporary dwellings subject to the following specific conditions:

   (A)   The manufactured home may be used by the property owner and his or her family as a temporary dwelling during the construction of a home to be occupied by the property owner and may continue to be used as a temporary dwelling until such time as an occupancy permit is issued for the home under construction, but not to exceed one year.

   (B)   The manufactured home shall be connected to an adequate water supply and sewage disposal system approved by the County Health Department.

   (C)   The manufactured home shall be removed from the premises within 30 days from the expiration of the conditional use permit.

   (D)   The manufactured home meets all other requirements of this district.

(Prior Code, § 750.22) (Ord. -, passed 3-20-2004)

   (A)   Purpose. Regulation of adult entertainment uses is directed at protection of the health, safety and welfare of village residents through the establishment of conditions by which such uses may be approved. The intent is to minimize the negative impacts of the use, including potential blight and possible criminal activity associated with adult uses. It is not the intent of this subchapter to regulate the content of materials associated with the use, rather the separation of incompatible uses that may result in loss of property value.

   (B)   District. Adult entertainment uses are conditional uses within the LI-Light Industrial District. Such uses are deemed to be incompatible with uses permitted within the agricultural, residential and commercial districts and the site development regulations provide for increased setback and lot area to further reduce the incompatibility.

   (C)   Definitions. The uses defined are not intended to be an exclusive list of adult entertainment. Any use required to be licensed or inspected shall be included within this definition of adult entertainment even if not specifically listed under this division:

      ADULT BOOTH, ARCADE, MOTION PICTURE or MINI-MOTION PICTURE THEATER (or similar use). Presents material which displays images emphasizing matter depicting or describing SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS as defined in this division. Such uses shall be within an enclosed building or enclosed room within the building and shall not be viewed or displayed immediately upon entering the building or room.

      ADULT BOOK STORE, ADULT NOVELTY STORE or ADULT VIDEO STORE (or similar use). Offers for rent or sale material which displays images emphasizing matter depicting or describing SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS as defined in this division. Such stores that limit the concentration of such material to an “adult only” section, encompassing less than 25% of the usable floor area and less than 25% of the gross receipts from sales or rentals, shall not be considered under this definition or regulated as adult entertainment.

      ADULT CABARET, NIGHTCLUB, THEATER (or similar establishment). Features live performances by dancers (topless, go-go or exotic as examples), strippers or similar entertainers, where the performers feature live display of SPECIFIED ANATOMICAL AREAS or describe SPECIFIED SEXUAL ACTIVITIES, as defined in this division.

      ADULT MOTEL or ADULT LODGING ESTABLISHMENT (or similar use). Provides materials for sale or rent, including in-room videos, which displays images emphasizing matter depicting or describing SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS, as defined in this division. Such facilities shall clearly advertise the availability of such adult entertainment.

      ADULT PERSONAL SERVICE or ATYPICAL CULTURE BUSINESS (or similar uses). Includes massage parlors, health spas, saunas or steam baths where the person providing the service is nude or partially nude, which is defined as having attire which reveals SPECIFIED ANATOMICAL AREAS.

      SPECIFIED ANATOMICAL AREAS. Areas of the body, less than completely or opaquely covered, including human genitals, the pubic region, buttock or female breast area below a point immediately above the top of the areola. This definition shall also include human male genitals in a discernibly turgid state even if completely and opaquely covered.

      SPECIFIED SEXUAL ACTIVITIES. Includes human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse, sodomy or fondling or other erotic touching of human genitals, the pubic region, buttock or female breast.

   (D)   Conditions. In order to reduce or mitigate the incompatibility of such uses with surrounding uses, the following conditions shall apply for adult entertainment:

      (1)   All such facilities shall meet any state licensing requirements, fire regulations or other state or local requirements for operation.

      (2)   All such facilities shall provide for separate male and female restrooms and such restrooms shall be free to the public.

      (3)   The entrance to such facilities shall be clearly posted "For Adults Only" and anyone entering the facility shall be asked for permanent identification to determine that no person under the age of 18 is allowed.

      (4)   Signage shall adhere to the village sign regulations and no advertisement shall be visible from the exterior of the facility related to the display or description of materials defined as specified sexual activities or specified anatomical areas, or any language considered slang providing for the same description.

      (5)   A site plan shall be submitted which meets the village's standards for site plan review, including landscaping and lighting that will decrease the incompatibility with surrounding uses. The site plan shall also indicate any existing uses, buildings or structures within 500 feet of the property.

      (6)   The site for such adult entertainment use shall not be located within 500 feet of any community facilities, including churches, schools, public parks, daycare facilities or any public buildings.

      (7)   The site for such adult entertainment use shall not be located within 300 feet of any residence or from a residential zoning district.

      (8)   The site for such adult entertainment use shall not be located within 1,000 feet of any other adult entertainment use as defined in this subsection.

      (9)   Parking areas shall be well lit and no loitering or congregation of patrons outside of the facility shall be allowed by the proprietor of the business.

   (E)   Exempt uses. Any use that is licensed or certified for purposes of other professional service, including barbers or beauticians, massage or physical therapists, athletic trainers or other professions where bodily contact is anticipated as part of the service, shall be exempt from these provisions so long as the use does not extend to providing services similar to those identified under this section.

(Prior Code, § 750.23) (Ord. -, passed 3-20-2004; Ord. 04-05, passed - -)

   The following shall be required in connection with any approval granted for a general or specialized hospital to provide care for human beings:

   (A)   Such hospital shall be owned and operated by a non-profit corporation;

   (B)   No building or buildings shall be erected or used for such purposes except on a parcel of ground containing a minimum of ten acres;

   (C)   The minimum size of any project must provide hospital beds for not less than 100 patients in the first phase of construction;

   (D)   Off-street parking shall be provided for at a ratio of at least three spaces for each hospital bed plus one space for the maximum number of employees who might be on the premises at any one time;

   (E)   No part of the hospital or of any building used for hospital purposes shall be closer than 100 feet to any adjacent lot.

(Prior Code, § 750.24) (Ord. -, passed 3-20-2004)

   The following shall be required in connection with any approval granted for convalescent homes or homes for the elderly or retired:

   (A)   No building or buildings shall be erected, converted or used for such purposes except on a lot or parcel of ground containing a minimum of ten acres of land;

   (B)   There is a minimum lot area for each tenant, elderly or retired person of 2,500 square feet;

   (C)   There is provided one off-street parking space for each two tenants, elderly or retired persons;

   (D)   No part of the building or buildings so used is closer than 100 feet to an adjacent lot line, except that the Planning Commission may reduce this setback requirement to not less than 25 feet if it finds that such reduction in the set back will not be injurious to the use or enjoyment of nearby properties, will not result in traffic or other safety hazards, will not result in visual blight, distraction, or clutter, and will not materially impair the intent and purpose of this chapter or the public's interest. In modifying set back requirements, the Planning Commission may attach conditions regarding the location, character, landscaping, or treatment of the buildings or premises or other such matters as are reasonable necessary to the furtherance of the intent and spirit of this chapter and the public's interest;

   (E)   There is provided for each tenant, elderly or retired person in the building or buildings so used a minimum floor area exclusive of basement or attic space of 400 square feet; and

   (F)   A child care facility may be permitted as an accessory use to a home for the elderly or retired ("home"), subject to review and approval by the Planning Commission as otherwise provided for special land uses by this chapter, and subject to all of the following additional conditions and requirements:

      (1)   The child care facility may receive infants, preschool and elementary-school age children for care (including, without limitation, supervision, training or educational instruction) for periods of less than 24 hours a day.

      (2)   The child care facility shall provide care primarily to children of employees of the home while those employees are engaged in carrying out their employment with the home. The requirements of this paragraph shall be deemed satisfied so long as preference in admission to the facility shall be given to children of employees prior to the admission of any children of persons who are not employees of the home.

      (3)   The principal functions of the child care facility shall be to provide opportunities for the interaction of, and to foster an inter-generational relationship between, the elderly residents of the home and the children attending the child care facility, and to provide child care for the children of employees of the home.

      (4)   The child care facility shall be located on the same property as the home to which the facility is an accessory.

      (5)   The child care facility shall provide appropriate fencing, child drop-off and pick-up areas, and other facilities, design elements or operational characteristics for the safety of the children attending the facility, as determined necessary by the Planning Commission.

      (6)   The child care facility shall be registered and licensed as required for child care centers or day-care centers under the Child Care Organizations Act (Act No. 116 of the Public Acts of 1973, as amended; M.C.L.A. §§ 722.111 et seq.).

(Prior Code, § 750.25) (Ord. -, passed 3-20-2004)

   The following shall be required in connection with any approval granted for a group day-care home:

   (A)   The minimum lot size shall conform to the minimum lot size regulations applicable in the district in which the group day-care is located.

   (B)   Setbacks and required yard areas shall conform to the setback and yard regulations applicable in the district in which the group day-care home is located.

   (C)   (1)   A group day-care home shall provide and maintain on the lot a minimum of one square foot of outdoor play area per one square foot of gross building area with not less than 5, 000 square feet of outdoor play area per facility. For purposes of this section, OUTDOOR PLAY AREA means the area located on the lot behind the established front yard setback of the facility which is available or devoted to outdoor activities, exclusive of any area occupied by a swimming pool. The outdoor play area shall be free from sharp gravel, glass or cinder, and shall be well drained. The outdoor play area shall be completely enclosed by a chain link or solid fence of at least four feet in height.

      (2)   In its discretion, the Planning Commission may permit an outdoor play area of less than 5,000 square feet if it is demonstrated that such minimum area is not necessary to the proper and safe functioning of the operation. In making this determination, the Planning Commission shall consider the amount of outdoor play area proposed, the number of children, the hours of operation and the types of recreation activities provided in and outdoors.

   (D)   Signs shall conform to the sign regulations applicable in the district in which the group daycare home is located.

   (E)   The property shall be maintained consistent with the visible characteristics of the neighborhood.

   (F)   Child drop-off and pick-up areas, and other facilities, design elements and operational requirements shall be provided or complied with as determined necessary by the Planning Commission for the safety of the children attending the group day-care home.

(Prior Code, § 750.26) (Ord. -, passed 3-20-2004)

   Any approval granted for a child care center shall be subject to all of the standards and requirements applicable to group day-care homes as provided by § 152.295, and shall also be subject to the following standards and requirements:

   (A)   (1)   Parking shall conform to the parking regulations applicable in the district in which the child care center is located, except that additional off-street parking for the facility shall be provided according to the following schedule:

 

 

      (2)   In addition, at least one off-street parking space shall be provided for each on-duty employee of the child care center.

   (B)   If the child care center is located on a major arterial street, an off-street drop-off/pick-up area must be provided, including an on-site vehicle turn-around or separate entrance and exit points.

   (C)   The child care center shall be registered and licensed as required for child care centers, or day-care centers under the Child Care Organizations Act (Act No. 116 of the Public Acts of 1973, M.C.L.A. §§ 722.111 et seq., as amended).

(Prior Code, § 750.27) (Ord. -, passed 3-20-2004)

   Any approval granted for an adult day-care home shall be subject to all of the standards and requirements applicable to group day-care homes as provided by § 152.295, and shall also be subject to the following standards and requirements:

   (A)   (1)   Adult day-care homes shall provide and maintain on the lot a minimum of one square foot of outdoor open space per one square foot of gross building area with not less than 5,000 square feet of outdoor area per facility. For purpose of this section, outdoor open space area means the area located on the lot behind the established front yard set-back of the facility which is available or devoted to outdoor activities, exclusive of any area occupied by a swimming pool. The outdoor open space are shall be free from sharp gravel, glass or cinder, and shall be well drained. The outdoor open space area shall be completely enclosed by a chain link or solid fence of at least four feet in height, and may be screened from any abutting residential use by vegetation having a height when planted of at least five feet.

      (2)   In its discretion, the Planning Commission may permit an outdoor play area of less than 5,000 square feet if it is demonstrated that such minimum area is not necessary to the proper and safe functioning of the operation. In making this determination, the Planning Commission shall consider the amount of outdoor play area proposed, the number and age of the adults for which care is provided, the hours of operation and the types of recreation activities provided in and outdoors.

   (B)   Drop-offend pick-up areas for adults receiving care, and other facilities, design elements and operational requirements shall be provided or complied with as determined by the Planning Commission for the safety of the adults attending the facility.

(Prior Code, § 750.28) (Ord. -, passed 3-20-2004)

   Any approval granted for an adult day-care center shall be subject to all of the standards and requirements applicable to group day-care homes as provided by § 152.295, except for § 152.295(C) and (F), and shall also be subject to the following standards and requirements:

   (A)   (1)   Parking shall conform to the parking regulations applicable in the district in which the adult day-care center is located, except that additional off-street parking for the facility shall be provided according to the following schedule:

 

 

      (2)   In addition, at least one off-street parking space shall be provided for each on-duty employee of the adult day-care center.

   (B)   If the adult day-care center is located on a major arterial street, an off-street drop-off/pick-up area must be provided, including an on-site vehicle turn-around or separate entrance and exit points.

(Prior Code, § 750.29) (Ord. -, passed 3-20-2004)

   Warehousing and storage facilities, the use of which is solely incidental to that of an established retail business, but not physically located on the same parcel of land shall be subject to the following specific conditions:

   (A)   The established business shall be physically located within the village limits.

   (B)   All stored items, equipment, products and materials shall be enclosed within a building and shall be to a considerable extent clean and free from any dangerous nuisance or hazardous or objectionable odors.

   (C)   Where the site abuts a residential zone, there shall be screening through the use of greenbelt buffers meeting the requirements of § 152.075.

   (D)   Adequate lighting shall be installed in a manner to provide for required security, with no stray illumination onto any adjoining property.

(Prior Code, § 750.30) (Ord. -, passed 3-20-2004)

   Commercial storage rental facilities shall be subject to the following specific conditions:

   (A)   All stored items, equipment, products and materials shall be enclosed within a building and shall be to a considerable extent clean and free from any dangerous nuisance or hazardous or objectionable odors.

   (B)   Where the site abuts a residential zone, there shall be screening through the use of greenbelt buffers meeting the requirements of § 152.075.

   (C)   Adequate lighting shall be installed in a manner to provide for required security, with no stray illumination onto any adjoining property.

(Prior Code, § 750.31) (Ord. -, passed 3-20-2004)

   Such facilities shall be subject to the following specific conditions:

   (A)   Commercial repair facilities for automobiles and other light motor vehicles shall be limited to general repair, servicing, rebuilding or reconditioning of motor vehicles and their component parts, including collision services such as body, frame, or fender straightening and repair, painting and undercoating.

   (B)   The operation shall be to a considerable extent clean and free from any dangerous nuisance or hazardous or objectionable odors and shall meet all federal, state and local environmental quality standards.

   (C)   There shall be no vehicle components, parts or inoperable or unlicensed vehicles stored outside and no vehicle repair to occur other than within an enclosed building.

   (D)   A greenbelt buffer meeting the requirements in § 152.075 shall be established on any side abutting a residential zoned district.

(Prior Code, § 750.32) (Ord. -, passed 3-20-2004)

   Such facilities shall be subject to the following specific conditions:

   (A)   Commercial repair facilities for automobiles and other light motor vehicles shall be limited to general repair, servicing, rebuilding or reconditioning of motor vehicles and their component parts, but not including collision services such as body, frame, or fender straightening and repair, painting and undercoating.

   (B)   The operation shall be to a considerable extent clean and free from any dangerous nuisance or hazardous or objectionable odors and shall meet all federal, state and local environmental quality standards.

   (C)   There shall be no vehicle components, parts or inoperable or unlicensed vehicles stored outside and no vehicle repair to occur other than within an enclosed building.

   (D)   A greenbelt buffer meeting the requirements in § 152.075 shall be established on any side abutting a residential zoned district.

(Prior Code, § 750.33) (Ord. -, passed 3-20-2004)

   This use shall be conducted within an enclosed building, or within a fenced area, with such activity limited to no less than 100 feet from any residential zoned district.

(Prior Code, § 750.34) (Ord. -, passed 3-20-2004)