SPECIAL USE PERMITS3
State Law reference— Uses of land and structures, MCL 125.58.
(a)
Until recent years, the regulation of all uses of land and structures through zoning has been accomplished by assigning each use to one or more districts. However, the functions and characteristics of an increasing number of new kinds of land uses, combined with conclusive experience regarding some of the older, more familiar kinds of uses, call for a more flexible and equitable procedure for properly accommodating these activities in the community. It should be recognized that the forces that influence decisions regarding the nature, magnitude and location of such types of land use activities are many and varied, depending upon functional characteristics, competitive situations and the availability of land. Rather than assign all uses to special, individual and limited zoning districts, it is important to provide controllable and reasonable flexibility in requirements for certain kinds of uses that will allow practicable latitude for the investor, but that will, at the same time, maintain adequate provision for the security of the health, safety, convenience and general welfare of the community's inhabitants.
(b)
In order to accomplish such a dual objective, provision is made in this chapter for a more detailed consideration of certain specified activities as each may relate to proposed conditions of location, design, size, operation, intensity of use, generation of traffic and traffic movements, concentration of population, processes and equipment employed, and amount and kind of public facilities and services required, together with many other possible factors. Land and structure uses possessing these particularly unique characteristics are designated as special uses and may be authorized by the issuance of a special use permit with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare. The following sections, together with references in other articles, designate what uses require a special use permit. With any exception noted, the procedures for obtaining such a permit apply to all special uses indicated.
(Ord. of 5-1-95, § 8-23-1)
(a)
Any person owning or having an interest in the subject property may file an application for one or more special use permits provided for in this chapter in the zoning district in which the land is situated.
(b)
Applications shall be submitted through the city clerk to the planning commission. Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover costs of processing the application. No part of any fee shall be refundable.
(c)
Every application shall be accompanied by the following information and data:
(1)
A special form supplied by the city clerk filled out in full by the applicant.
(2)
A site plan, plot plan or development plan, drawn to a readable scale, of the total property, showing the location of all abutting streets, the location of all existing and proposed structures, and the types of buildings and their uses.
(3)
Preliminary plans and outline specifications of the proposed development.
(4)
A statement with supporting evidence regarding the required findings specified in section 74-554.
(Ord. of 5-1-95, § 8-23-2; Ord. of 6-6-11)
(a)
Public hearing. The planning commission shall review the application for a special use permit at its next meeting following filing and shall set a date for public hearing within 30 days thereafter. The city clerk shall cause to be published one notice of the public hearing, not less than 15 days in advance of such hearing, and shall notify by regular mail the parties of interest and all property owners within 300 feet of the subject property, as ownership is listed in the last printed assessment roll for the city. Such notice shall describe the nature of the request, indicate the property involved, state the time and place of the hearing, and indicate when and where written comments will be received concerning the request.
(b)
Action by planning commission; issuance. Upon conclusion of the hearing procedures, the planning commission may recommend approval with conditions or disapproval of a special use permit to the city council. The city council shall either approve with conditions or deny the request, at the next council meeting after the public hearing by the planning commission. The city clerk shall be authorized to issue an approved special use permit, subject to site plan approval or other conditions as have been placed on the permit by the city council.
(Ord. of 5-1-95, § 8-23-3; Ord. of 6-6-11; Ord. of 3-6-2017(1))
The planning commission shall review the particular facts and circumstances of each proposal under this article in terms of the following standards, and shall find adequate evidence showing that the proposed use will:
(1)
Be harmonious with and in accordance with the general objectives or with any specific objectives of the comprehensive community plan of current adoption.
(2)
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 such a use will not change the essential character of the same area.
(3)
Not be hazardous or disturbing to existing or future neighboring uses.
(4)
Be a substantial improvement to property in the immediate vicinity and to the community as a whole.
(5)
Be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal or schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.
(6)
Not create excessive additional requirements at public cost for public facilities and shall not place demands on public services in excess of current capacity and will not be detrimental to the economic welfare of the community.
(7)
Not involve uses, activities, processes, materials and equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(8)
Be consistent with the intent and purposes of this chapter.
(Ord. of 5-1-95, § 8-23-4; Ord. of 6-6-11)
(a)
Prior to granting any special use permit, the city council may impose any additional conditions or limitations upon the establishment, location, construction, maintenance or operation of the use authorized by the special use permit as in its judgment may be necessary for the protection of the public interest. Conditions imposed shall further be designed to protect natural resources, and the health, safety and welfare, as well as 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, and be consistent with the general standards as established in this chapter and therefore be necessary to meet the intent and purpose of the regulations contained in this chapter.
(b)
Conditions and requirements stated as part of special use permit authorization shall be a continuing obligation of special use permit holders. The planning commission shall make periodic investigations of developments authorized by special use permit to determine compliance with all requirements.
(c)
Special use permits may be issued for time periods as determined by the city council. Special use permits may be renewed in the same manner as originally applied for.
(d)
In authorizing a special use permit, the city council may require that a cash deposit, certified check, bond or other financial guarantee acceptable to the city, of ample sum, be furnished by the developer to ensure compliance with such requirements as drives, walks, utilities, parking, landscaping and the like. The financial guarantee shall be deposited with the city clerk at the time of issuance of the permit authorizing the use or activity. As work progresses, the city council may authorize a proportional rebate of the financial guarantee upon completion of significant phases or improvements.
(e)
Continuance of a special use permit by the city council shall be withheld only upon a determination by the city council that:
(1)
Such conditions as may have been prescribed in conjunction with the issuance of the original permit included the requirement that the use be discontinued after a specified time period.
(2)
Violations of conditions pertaining to the granting of the permit continue to exist more than 30 days after an order to correct has been issued.
(f)
All plans, specifications and statements submitted with the application for a special use permit shall become, along with any changes ordered by the city council, a part of the conditions of any special use permit issued thereto.
(g)
No application for a special use permit which has been denied wholly or in part by the city council shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions found to be sufficient to justify consideration by the city council.
(h)
The general standards in this section are basic to all special uses, and the specific requirements in the sections of this article relating to particular uses are in addition to and shall be required in all applicable situations.
(Ord. of 5-1-95, § 8-23-5; Ord. of 6-6-11)
(a)
Uses requiring special use permit. The following uses of land and structures are permitted in one or more residential districts:
(1)
Religious institutions: Churches, houses of worship, convents and other housing for religious personnel.
(2)
Educational and social institutions: Public or private elementary and secondary schools, institutions for higher education, auditoriums and other places for assembly and centers for social activities, public libraries, museums and art galleries, and nursery schools and day care centers.
(3)
Recreational facilities: Public and private parks, playgrounds, community centers, parkways, golf courses and similar recreational facilities.
(4)
Public buildings and public service installations: Municipal administration or public service buildings; utility and public service facilities and uses, but excluding storage yards; and telephone exchange buildings, transformer stations and substations.
(5)
Institutions for human care: Hospitals, clinics, sanitariums, nursing or convalescent homes, homes for the aged, and philanthropic and charitable institutions.
(b)
General standards. Inasmuch as the nonresidential uses permitted in residential districts may have an adverse affect on residential properties if not properly located and designed, the following general standards must be met prior to development of such uses:
(1)
Hazardous areas must be adequately fenced to avoid accidents. Such areas include public utility substations.
(2)
Any permitted nonresidential structure should preferably be located at the edge of a residential district, abutting a commercial or industrial district, or a public open space.
(3)
If possible, all permitted nonresidential uses should front on a major street (minor arterial or collector).
(4)
Motor vehicle entrance and exit should be made on a major street to avoid the impact of traffic generated by the nonresidential use upon the residential area.
(5)
Site locations should be chosen which offer natural or manmade barriers that would lessen the effect of the intrusion of a nonresidential use into a residential area.
(6)
Nonresidential uses should not be located so as to cause costly public improvements.
(c)
Specific standards.
(1)
Public utility structures and substations. No building shall be erected to a height greater than that permitted in the district in which the proposed use would be located. Adequate planting materials to screen exposed facilities from view shall be required. Evergreens are recommended, however, selected deciduous trees may be used when appropriate.
(2)
Golf courses. Development features, including the principal and accessory buildings and structures, shall be so located as to minimize the possibilities of any adverse affects upon adjacent property. This shall mean that all principal or accessory buildings shall not be less than 200 feet from any abutting property line of residentially zoned lands; provided that, where topographic conditions are such that buildings would be screened from view, the city council may modify this requirement.
(3)
Nursery schools and day care centers. There shall be provided a fenced outdoor play area of a size meeting the requirements of the current state regulations pertaining to such areas.
(Ord. of 5-1-95, § 8-23-6)
(a)
Intent. The intent of this section is to:
(1)
Permit more flexibility in the use and design of structures and land than is allowable under the districts of this chapter, where such modifications will not be contrary to the intent of this chapter.
(2)
Require a higher degree of urban amenities, the preservation of natural scenic qualities and open spaces, and more creative and imaginative design of developments in return for such flexibility.
(3)
Promote more efficient and economical use of land.
(4)
Give the developer reasonable assurance of ultimate approval before expending complete design monies, while providing city officials with assurances that a project will retain the character envisioned at the time of agreement.
(b)
Minimum PUD size. Minimum PUD size is as follows:
(1)
Five contiguous acres, which may be divided by a public right-of-way.
(2)
One contiguous acre in a platted subdivision in which at least 80 percent of the lots have been built on.
(c)
Permitted uses; establishment of guidelines.
(1)
Any use is permitted if the developer can demonstrate that the proposed PUD is of such a scale and is sufficiently well designed to accomplish the intent of this chapter with respect to adjoining land uses, both existing and anticipated.
(2)
A mixture of uses is allowable within any PUD providing that the developer can demonstrate that such mixture is so designed as to meet the intent of this chapter in respect to both the uses within and the existing and anticipated uses adjoining the PUD.
(3)
The planning commission shall recommend, with the concurrence of the city council, guidelines for determining the compliance of a PUD with the intent of this chapter. These guidelines include but are not limited to density, open space, outdoor livability space, traffic circulation, parking standards, environmental design and nonresidential development.
(d)
Application procedure; approval.
(1)
Consultation with zoning administrator. The developer shall consult with the zoning administrator concerning the requirements for application and guidelines set by the planning commission and the city council.
(2)
Submission of preliminary development plan. The developer shall submit a preliminary development plan. This plan shall consist of written and graphic documents.
a.
The written documents shall consist of:
1.
A legal description of the total site proposed for development, including the present and proposed ownership.
2.
A statement of the nature and character of the proposed development, and the methods to be used in achieving these goals.
3.
A schedule of the approximate date, or dates if the development is to be divided into stages, when construction will begin and be completed.
4.
A statement of the developer's intentions with regard to future ownership of all or parts of the development.
5.
Quantitative data for the following: total number and type of dwelling and nonresidential units, the proposed floor area, ground coverage, outdoor livability and open space ratios, the proposed gross residential density, and the net residential density of any separate stages, the number of parking spaces for each use proposed, and any market or feasibility studies the developer wishes to submit in support of his plan.
6.
Such additional documentation as may be required by the planning commission.
b.
The graphic documents shall consist of:
1.
A plan at scale of one to 1,200 (one inch equals 100 feet) showing the existing site conditions, including contours at an interval no greater than five feet, waterways or water bodies, unique natural features, rock outcroppings and vegetative cover.
2.
A preliminary plat meeting the requirements of the Subdivision Control Act (MCL 560.101 et seq.) and Ordinance, if the land is to be platted.
3.
A site plan at a scale of one to 1,200 (one inch equals 100 feet) showing the location and floor area and use of all existing and proposed buildings, structures and improvements, including maximum heights, the location and size of all areas to be conveyed, dedicated or reserved as outdoor livability space, recreational areas, school sites and similar public or semipublic uses, the proposed circulation system, including private and public streets, parking and loading areas, and pedestrian ways, and access to existing and proposed utilities, including sanitary and storm sewers and water, gas, electric, telephone and television cable lines, and a preliminary landscape plan.
4.
A plan at an appropriate scale showing land areas adjacent to the proposed development, their uses, zoning and general character, and the effects of the proposed development on such land, including the treatment of the perimeter areas of the PUD.
5.
Such additional material as may be required by the planning commission.
(3)
Action on preliminary development plan. Within 60 days following the submission of a preliminary development plan, the zoning administrator shall submit an analysis of the plan to the planning commission, and the planning commission shall hold a public hearing on the plan, and vote to approve, approve with modifications or disapprove the plan. If the planning commission action is for approval or approval subject to modifications, a recommendation for similar action shall be made to the city council, which shall then act within 30 days. Failure of either the planning commission or the city council to act within the specified times shall constitute disapproval of the plan.
(4)
Notation on zoning map. If the preliminary development plan is approved, with or without modifications, by the city council, the official zoning map shall be changed to so signify. Such a change shall not constitute final approval of a plat, or authorization to issue building permits.
(5)
Submission of final development plan. Within nine months following approval of the preliminary development plan, the developer shall submit to the zoning administrator a final development plan. At its discretion and for good cause, the planning commission may extend for six months the period for filing the final development plan.
(6)
Failure to submit final development plan. If the developer fails to submit a final development plan for any reason within the time allowed, the tentative approval shall be revoked and all the area within the development for which final approval has not been given shall be subject to the original zoning.
(7)
Action on final development plan. If the final development plan is in compliance with the preliminary development plan as determined by the application of standards adopted by the planning commission with the concurrence of the city council, it shall be approved by the planning commission within 30 days. Notice of such approval shall then be given to the city council, which shall approve the final development plan, and the plat involved, if any, within 30 days; providing that such approval shall not be given until the financial assurances of development required by the Subdivision Ordinance have been made.
(8)
Modification of final development plan. If, subsequent to the start of construction, it becomes necessary to modify the final development plan, the zoning administrator may do so at his discretion to the limits established in the PUD guidelines. If greater modifications are requested by the developer, they shall be subject to approval by the planning commission, which shall act within 30 days. In granting such modifications, the planning commission shall not act so as to substantially change the character or nature of the final development plan.
(Ord. of 5-1-95, § 8-23-7; Ord. of 6-6-11)
State Law reference— Planned unit development, MCL 125.584b.
Editor's note— Ord. of March 19, 2001, repealed § 74-558 which pertained to swimming pools and derived from Ord. of September 18, 1952(2).
(a)
Intent. It is the intent of this section to provide for the establishment in a residential district of comparable density, well-designed mobile home parks. The regulations and conditions contained in this section are designed to ensure that mobile home parks will provide a comfortable and pleasing environment for persons who seek mobile home residence. Regulations and conditions contained in this section are intended to ensure that mobile home park developments will be served adequately by essential public facilities and services such as access streets, public water, sanitary sewer and storm drainage facilities, refuse disposal, schools, and police and fire protection. The city council may, by the issuance of a special use permit, authorize the establishment of a mobile home park in an R-3 district. Such authorization shall be granted only when all the applicable procedures and requirements stated in this section are complied with.
(b)
General requirements, restrictions and standards.
(1)
Project area. Minimum project area for a mobile home park development shall be 20 acres, with a maximum site size not to exceed 40 acres.
(2)
Location. Mobile home parks may be located only in the R-3 multiple-family residential district, upon approval of the city council and in accordance with the following standards:
a.
The site shall be adjacent to and serviced by a collector or arterial street as designated on the city transportation plan map.
b.
The site shall be serviced by existing essential public facilities and services such as access streets, public water, sanitary sewer and storm drainage facilities and fire protection.
c.
Mobile home parks shall not abut single-family residential districts on more than two sides, and only with an intervening planted greenbelt at least 20 feet wide. A ten-foot-wide greenbelt shall be provided between a mobile home park and an R-3 district.
(c)
Uses permitted. Only the following land and building uses may be permitted under the provisions of this section:
(1)
Mobile homes as defined in this chapter.
(2)
One office building exclusively for conducting the business operations of the mobile home park.
(3)
Utility buildings for laundry facilities and auxiliary storage space for mobile home tenants.
(4)
Recreation areas, community building, playground and open space for use by mobile home park tenants.
(5)
Such additional accessory buildings and uses as are customarily incidental to mobile home park developments, except that this shall not include the sale of mobile home units other than by their individual resident owners or the servicing of mobile home units except as is required for normal maintenance by the individual resident owner or his contractors.
(6)
Signs pertaining exclusively to the mobile home park.
(d)
General development standards. The design and development of mobile home parks shall be subject to all current provisions of the mobile home commission general rules as adopted by the state mobile home commission, which are hereby incorporated by reference as a part of this chapter.
(e)
Operating standards.
(1)
The operating and business practices of mobile home parks shall be subject to all current provisions of the mobile home commission general rules as adopted by the state mobile home commission, which are hereby incorporated by reference as part of this chapter.
(2)
No part of any mobile home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management of mobile home parks.
(3)
Home occupations shall be prohibited from mobile home parks.
(f)
Review and approval procedure.
(1)
Application for approval. Applications shall be submitted through the city clerk to the planning commission; see section 74-552.
(2)
Preliminary review.
a.
In addition to those requirements set forth in section 74-552, the developer must submit the following for the initial phase of project review:
1.
A development plan, drawn to a readable scale, of the total property involved, showing its location in the city and its relationship to adjacent property.
2.
A site plan indicating the proposed location of mobile home units and the anticipated population density associated with the entire project.
3.
A site plan indicating the location and purpose of all nonresidential structures, traffic circulation, parking layout and pedestrian pathways.
4.
A site plan showing the acreage, nature and location of common open space, and a general statement as to the means by which the developer will guarantee its continuity and maintenance.
b.
Following receipt and review of the application, the planning commission shall hold a legally advertised public hearing on the proposed development. Upon conclusion of the public hearing, the planning commission will make a decision to approve or deny the plan based on the submitted information.
c.
At the time of approval by the planning commission, the preliminary review of the project will be sent to the city council for its action. If approved, the project continues under the secondary review procedure. If denied, the city council shall so notify the applicant and the planning commission.
(3)
Secondary review.
a.
Prior to receiving secondary approval, the developer must submit the following to the planning commission for its review:
1.
A site plan indicating engineering recommendations for water, sanitary sewer, storm drainage, natural gas, electric and telephone systems.
2.
A site plan indicating recommendations for road alignments, with provisions for dealing with topography and soil conditions.
3.
A site plan indicating existing contours and the final topographic conditions proposed for the site after grading.
4.
A detailed landscaping plan.
5.
A specific schedule of the intended development and construction details, including phasing or timing as it relates to open space, recreational features, common use areas, utilities and screening requirements.
b.
The planning commission will make a final recommendation to the city council to approve or deny the project based on the final detailed information specified in this subsection.
(4)
Commencement and construction. The applicant shall commence construction for an approved mobile home park development within one year following secondary special use permit approval. Failure to do so will invalidate the permit. The applicant may request one extension for not more than one year from the city council, providing such request is received prior to the expiration of the original permit.
(Ord. of 5-1-95, § 8-23-9; Ord. of 6-6-11)
(a)
Intent. It is the intent of this section to provide regulations controlling the placement of satellite dish antenna systems. Satellite dish antennas, given their size and general appearance, may be perceived as having a significant impact on adjoining residents and the character of a given neighborhood, or, if widespread, the community as a whole.
(b)
Special use permit required. No person shall construct or install a satellite dish antenna greater than 24 inches in diameter in the city without first obtaining a special use permit therefor in the manner provided for in this article.
(c)
Height restrictions and location in residential districts.
(1)
Satellite dish antennas shall be located in rear yards only.
(2)
There shall be no more than one satellite dish antenna per lot and the antenna shall be no more than 12 feet in diameter.
(3)
No advertising or word messages shall be permitted on the satellite dish antenna.
(4)
Roof-mounted satellite dish antennas greater than 24 inches in diameter are prohibited in the residential districts of the city.
(5)
Ground-mounted satellite dish antennas shall not exceed 15 feet in height.
(d)
Height restrictions and location in commercial and industrial districts.
(1)
Location and height shall conform to the minimum yard requirements of either principal buildings or accessory structures as defined in the respective zoning district.
(2)
No satellite dish antenna shall be used for nor contain a commercial or residential advertisement, or be painted or lighted or altered from its original form and condition at the time of its installation so as to resemble an advertising structure.
(e)
Review and findings. Denial of a special use permit application for a satellite dish antenna which otherwise complies with the specific requirements of this section and of other applicable provisions of this chapter shall be based upon a finding that the installation would have a substantial detrimental effect upon one or more adjoining private or public properties or would otherwise be contrary to public health, safety or welfare, specifying the basis for such findings. The conditions which may be attached may relate to the following: location, size, elevation, color, screening, landscaping, fencing or other matters having an impact on adjoining properties.
(Ord. of 5-1-95, § 8-23-10)
(a)
Intent. It is the intent of this section to provide regulations controlling those uses which by their very nature are recognized as having serious objectionable operational characteristics inducing a unwholesome impact on adjacent uses and areas. Special regulation of these uses is necessary to ensure that the anticipated adverse impacts will not contribute to the blighting or downgrading of the surrounding neighborhood. Uses subject to these controls include adult bookstores, adult motion picture theaters, adult motels, cabarets and massage parlors.
(b)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection:
(1)
Adult bookstore means an establishment having as a substantial portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(2)
Adult motion picture theater means an enclosed building used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(3)
Adult motel means a motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(4)
Cabaret means a nightclub, theater or other establishment which features live performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on sexual conduct or specified anatomical areas.
(5)
Massage parlor means any place where, for any form of consideration or gratuity, massage, alcohol rubs, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service relating thereto exposes specified anatomical areas.
(6)
Sexual conduct means:
a.
Human genitals in a state of sexual stimulation or arousal.
b.
Acts of human masturbation, sexual intercourse or sodomy.
c.
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(7)
Specified anatomical area means:
a.
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola.
b.
Human male genitals in a discernible erect state, even if completely and opaquely covered.
(c)
Standards for approval. The city council shall issue a special use permit for adult entertainment uses which comply with the following requirements:
(1)
No such adult entertainment uses shall be located in any zoning district except the B-2 general business district.
(2)
No such adult entertainment uses shall be allowed within 1,000 feet of another existing adult entertainment use.
(3)
No such adult entertainment use shall be located within 1,000 feet of any residential zoning district.
(4)
No such adult entertainment use shall be located within 1,000 feet of an existing church, school, park or playground.
(5)
All other requirements applicable to special use permits, including the holding of a public hearing, shall be met.
(Ord. of 5-1-95, § 8-23-11)
(a)
Intent. It is the intent of this section to provide development regulations for drive-ins which potentially present particular problems in their relationships to adjacent uses and traffic patterns in the districts in which they are permitted.
(b)
Site development standards. The city council shall only issue special use permits for drive-ins which comply with the following site development standards:
(1)
The minimum lot width shall be 125 feet.
(2)
All points of entrance or exit for motor vehicles shall be no closer than 30 feet to the intersection of the right-of-way lines of two streets and no closer than ten feet to an adjacent property line. The minimum driveway width at the curb line shall be 30 feet. No more than two driveway approaches shall be permitted on any street frontage.
(3)
The outdoor space used for parking and vehicle stacking shall be hard surfaced and adequately drained.
(4)
All areas used for the storage of trash and rubbish shall be screened by a vertical screen consisting of structural or plant materials no less than six feet in height, with a view-obstructing door.
(5)
An off-street stacking space is defined as an area ten feet wide by 20 feet long.
(6)
A bypass lane shall be provided so that stacked vehicles do not block or impede circulation on the site, on adjacent sites or on public streets.
(7)
Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
(8)
Drive-through aisles shall have a minimum 14 feet six-inch interior radius where a curve of 60 degrees or higher is present and a minimum 12 feet width.
(Ord. of 5-1-95, § 8-23-12; Ord. of 11-7-22)
Editor's note— Ord. of 11-6-17 repealed § 74-563, which pertained to medical marihuana provisioning centers and derived from Ord. of 10-20-14.
SPECIAL USE PERMITS3
State Law reference— Uses of land and structures, MCL 125.58.
(a)
Until recent years, the regulation of all uses of land and structures through zoning has been accomplished by assigning each use to one or more districts. However, the functions and characteristics of an increasing number of new kinds of land uses, combined with conclusive experience regarding some of the older, more familiar kinds of uses, call for a more flexible and equitable procedure for properly accommodating these activities in the community. It should be recognized that the forces that influence decisions regarding the nature, magnitude and location of such types of land use activities are many and varied, depending upon functional characteristics, competitive situations and the availability of land. Rather than assign all uses to special, individual and limited zoning districts, it is important to provide controllable and reasonable flexibility in requirements for certain kinds of uses that will allow practicable latitude for the investor, but that will, at the same time, maintain adequate provision for the security of the health, safety, convenience and general welfare of the community's inhabitants.
(b)
In order to accomplish such a dual objective, provision is made in this chapter for a more detailed consideration of certain specified activities as each may relate to proposed conditions of location, design, size, operation, intensity of use, generation of traffic and traffic movements, concentration of population, processes and equipment employed, and amount and kind of public facilities and services required, together with many other possible factors. Land and structure uses possessing these particularly unique characteristics are designated as special uses and may be authorized by the issuance of a special use permit with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare. The following sections, together with references in other articles, designate what uses require a special use permit. With any exception noted, the procedures for obtaining such a permit apply to all special uses indicated.
(Ord. of 5-1-95, § 8-23-1)
(a)
Any person owning or having an interest in the subject property may file an application for one or more special use permits provided for in this chapter in the zoning district in which the land is situated.
(b)
Applications shall be submitted through the city clerk to the planning commission. Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover costs of processing the application. No part of any fee shall be refundable.
(c)
Every application shall be accompanied by the following information and data:
(1)
A special form supplied by the city clerk filled out in full by the applicant.
(2)
A site plan, plot plan or development plan, drawn to a readable scale, of the total property, showing the location of all abutting streets, the location of all existing and proposed structures, and the types of buildings and their uses.
(3)
Preliminary plans and outline specifications of the proposed development.
(4)
A statement with supporting evidence regarding the required findings specified in section 74-554.
(Ord. of 5-1-95, § 8-23-2; Ord. of 6-6-11)
(a)
Public hearing. The planning commission shall review the application for a special use permit at its next meeting following filing and shall set a date for public hearing within 30 days thereafter. The city clerk shall cause to be published one notice of the public hearing, not less than 15 days in advance of such hearing, and shall notify by regular mail the parties of interest and all property owners within 300 feet of the subject property, as ownership is listed in the last printed assessment roll for the city. Such notice shall describe the nature of the request, indicate the property involved, state the time and place of the hearing, and indicate when and where written comments will be received concerning the request.
(b)
Action by planning commission; issuance. Upon conclusion of the hearing procedures, the planning commission may recommend approval with conditions or disapproval of a special use permit to the city council. The city council shall either approve with conditions or deny the request, at the next council meeting after the public hearing by the planning commission. The city clerk shall be authorized to issue an approved special use permit, subject to site plan approval or other conditions as have been placed on the permit by the city council.
(Ord. of 5-1-95, § 8-23-3; Ord. of 6-6-11; Ord. of 3-6-2017(1))
The planning commission shall review the particular facts and circumstances of each proposal under this article in terms of the following standards, and shall find adequate evidence showing that the proposed use will:
(1)
Be harmonious with and in accordance with the general objectives or with any specific objectives of the comprehensive community plan of current adoption.
(2)
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 such a use will not change the essential character of the same area.
(3)
Not be hazardous or disturbing to existing or future neighboring uses.
(4)
Be a substantial improvement to property in the immediate vicinity and to the community as a whole.
(5)
Be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal or schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.
(6)
Not create excessive additional requirements at public cost for public facilities and shall not place demands on public services in excess of current capacity and will not be detrimental to the economic welfare of the community.
(7)
Not involve uses, activities, processes, materials and equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(8)
Be consistent with the intent and purposes of this chapter.
(Ord. of 5-1-95, § 8-23-4; Ord. of 6-6-11)
(a)
Prior to granting any special use permit, the city council may impose any additional conditions or limitations upon the establishment, location, construction, maintenance or operation of the use authorized by the special use permit as in its judgment may be necessary for the protection of the public interest. Conditions imposed shall further be designed to protect natural resources, and the health, safety and welfare, as well as 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, and be consistent with the general standards as established in this chapter and therefore be necessary to meet the intent and purpose of the regulations contained in this chapter.
(b)
Conditions and requirements stated as part of special use permit authorization shall be a continuing obligation of special use permit holders. The planning commission shall make periodic investigations of developments authorized by special use permit to determine compliance with all requirements.
(c)
Special use permits may be issued for time periods as determined by the city council. Special use permits may be renewed in the same manner as originally applied for.
(d)
In authorizing a special use permit, the city council may require that a cash deposit, certified check, bond or other financial guarantee acceptable to the city, of ample sum, be furnished by the developer to ensure compliance with such requirements as drives, walks, utilities, parking, landscaping and the like. The financial guarantee shall be deposited with the city clerk at the time of issuance of the permit authorizing the use or activity. As work progresses, the city council may authorize a proportional rebate of the financial guarantee upon completion of significant phases or improvements.
(e)
Continuance of a special use permit by the city council shall be withheld only upon a determination by the city council that:
(1)
Such conditions as may have been prescribed in conjunction with the issuance of the original permit included the requirement that the use be discontinued after a specified time period.
(2)
Violations of conditions pertaining to the granting of the permit continue to exist more than 30 days after an order to correct has been issued.
(f)
All plans, specifications and statements submitted with the application for a special use permit shall become, along with any changes ordered by the city council, a part of the conditions of any special use permit issued thereto.
(g)
No application for a special use permit which has been denied wholly or in part by the city council shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions found to be sufficient to justify consideration by the city council.
(h)
The general standards in this section are basic to all special uses, and the specific requirements in the sections of this article relating to particular uses are in addition to and shall be required in all applicable situations.
(Ord. of 5-1-95, § 8-23-5; Ord. of 6-6-11)
(a)
Uses requiring special use permit. The following uses of land and structures are permitted in one or more residential districts:
(1)
Religious institutions: Churches, houses of worship, convents and other housing for religious personnel.
(2)
Educational and social institutions: Public or private elementary and secondary schools, institutions for higher education, auditoriums and other places for assembly and centers for social activities, public libraries, museums and art galleries, and nursery schools and day care centers.
(3)
Recreational facilities: Public and private parks, playgrounds, community centers, parkways, golf courses and similar recreational facilities.
(4)
Public buildings and public service installations: Municipal administration or public service buildings; utility and public service facilities and uses, but excluding storage yards; and telephone exchange buildings, transformer stations and substations.
(5)
Institutions for human care: Hospitals, clinics, sanitariums, nursing or convalescent homes, homes for the aged, and philanthropic and charitable institutions.
(b)
General standards. Inasmuch as the nonresidential uses permitted in residential districts may have an adverse affect on residential properties if not properly located and designed, the following general standards must be met prior to development of such uses:
(1)
Hazardous areas must be adequately fenced to avoid accidents. Such areas include public utility substations.
(2)
Any permitted nonresidential structure should preferably be located at the edge of a residential district, abutting a commercial or industrial district, or a public open space.
(3)
If possible, all permitted nonresidential uses should front on a major street (minor arterial or collector).
(4)
Motor vehicle entrance and exit should be made on a major street to avoid the impact of traffic generated by the nonresidential use upon the residential area.
(5)
Site locations should be chosen which offer natural or manmade barriers that would lessen the effect of the intrusion of a nonresidential use into a residential area.
(6)
Nonresidential uses should not be located so as to cause costly public improvements.
(c)
Specific standards.
(1)
Public utility structures and substations. No building shall be erected to a height greater than that permitted in the district in which the proposed use would be located. Adequate planting materials to screen exposed facilities from view shall be required. Evergreens are recommended, however, selected deciduous trees may be used when appropriate.
(2)
Golf courses. Development features, including the principal and accessory buildings and structures, shall be so located as to minimize the possibilities of any adverse affects upon adjacent property. This shall mean that all principal or accessory buildings shall not be less than 200 feet from any abutting property line of residentially zoned lands; provided that, where topographic conditions are such that buildings would be screened from view, the city council may modify this requirement.
(3)
Nursery schools and day care centers. There shall be provided a fenced outdoor play area of a size meeting the requirements of the current state regulations pertaining to such areas.
(Ord. of 5-1-95, § 8-23-6)
(a)
Intent. The intent of this section is to:
(1)
Permit more flexibility in the use and design of structures and land than is allowable under the districts of this chapter, where such modifications will not be contrary to the intent of this chapter.
(2)
Require a higher degree of urban amenities, the preservation of natural scenic qualities and open spaces, and more creative and imaginative design of developments in return for such flexibility.
(3)
Promote more efficient and economical use of land.
(4)
Give the developer reasonable assurance of ultimate approval before expending complete design monies, while providing city officials with assurances that a project will retain the character envisioned at the time of agreement.
(b)
Minimum PUD size. Minimum PUD size is as follows:
(1)
Five contiguous acres, which may be divided by a public right-of-way.
(2)
One contiguous acre in a platted subdivision in which at least 80 percent of the lots have been built on.
(c)
Permitted uses; establishment of guidelines.
(1)
Any use is permitted if the developer can demonstrate that the proposed PUD is of such a scale and is sufficiently well designed to accomplish the intent of this chapter with respect to adjoining land uses, both existing and anticipated.
(2)
A mixture of uses is allowable within any PUD providing that the developer can demonstrate that such mixture is so designed as to meet the intent of this chapter in respect to both the uses within and the existing and anticipated uses adjoining the PUD.
(3)
The planning commission shall recommend, with the concurrence of the city council, guidelines for determining the compliance of a PUD with the intent of this chapter. These guidelines include but are not limited to density, open space, outdoor livability space, traffic circulation, parking standards, environmental design and nonresidential development.
(d)
Application procedure; approval.
(1)
Consultation with zoning administrator. The developer shall consult with the zoning administrator concerning the requirements for application and guidelines set by the planning commission and the city council.
(2)
Submission of preliminary development plan. The developer shall submit a preliminary development plan. This plan shall consist of written and graphic documents.
a.
The written documents shall consist of:
1.
A legal description of the total site proposed for development, including the present and proposed ownership.
2.
A statement of the nature and character of the proposed development, and the methods to be used in achieving these goals.
3.
A schedule of the approximate date, or dates if the development is to be divided into stages, when construction will begin and be completed.
4.
A statement of the developer's intentions with regard to future ownership of all or parts of the development.
5.
Quantitative data for the following: total number and type of dwelling and nonresidential units, the proposed floor area, ground coverage, outdoor livability and open space ratios, the proposed gross residential density, and the net residential density of any separate stages, the number of parking spaces for each use proposed, and any market or feasibility studies the developer wishes to submit in support of his plan.
6.
Such additional documentation as may be required by the planning commission.
b.
The graphic documents shall consist of:
1.
A plan at scale of one to 1,200 (one inch equals 100 feet) showing the existing site conditions, including contours at an interval no greater than five feet, waterways or water bodies, unique natural features, rock outcroppings and vegetative cover.
2.
A preliminary plat meeting the requirements of the Subdivision Control Act (MCL 560.101 et seq.) and Ordinance, if the land is to be platted.
3.
A site plan at a scale of one to 1,200 (one inch equals 100 feet) showing the location and floor area and use of all existing and proposed buildings, structures and improvements, including maximum heights, the location and size of all areas to be conveyed, dedicated or reserved as outdoor livability space, recreational areas, school sites and similar public or semipublic uses, the proposed circulation system, including private and public streets, parking and loading areas, and pedestrian ways, and access to existing and proposed utilities, including sanitary and storm sewers and water, gas, electric, telephone and television cable lines, and a preliminary landscape plan.
4.
A plan at an appropriate scale showing land areas adjacent to the proposed development, their uses, zoning and general character, and the effects of the proposed development on such land, including the treatment of the perimeter areas of the PUD.
5.
Such additional material as may be required by the planning commission.
(3)
Action on preliminary development plan. Within 60 days following the submission of a preliminary development plan, the zoning administrator shall submit an analysis of the plan to the planning commission, and the planning commission shall hold a public hearing on the plan, and vote to approve, approve with modifications or disapprove the plan. If the planning commission action is for approval or approval subject to modifications, a recommendation for similar action shall be made to the city council, which shall then act within 30 days. Failure of either the planning commission or the city council to act within the specified times shall constitute disapproval of the plan.
(4)
Notation on zoning map. If the preliminary development plan is approved, with or without modifications, by the city council, the official zoning map shall be changed to so signify. Such a change shall not constitute final approval of a plat, or authorization to issue building permits.
(5)
Submission of final development plan. Within nine months following approval of the preliminary development plan, the developer shall submit to the zoning administrator a final development plan. At its discretion and for good cause, the planning commission may extend for six months the period for filing the final development plan.
(6)
Failure to submit final development plan. If the developer fails to submit a final development plan for any reason within the time allowed, the tentative approval shall be revoked and all the area within the development for which final approval has not been given shall be subject to the original zoning.
(7)
Action on final development plan. If the final development plan is in compliance with the preliminary development plan as determined by the application of standards adopted by the planning commission with the concurrence of the city council, it shall be approved by the planning commission within 30 days. Notice of such approval shall then be given to the city council, which shall approve the final development plan, and the plat involved, if any, within 30 days; providing that such approval shall not be given until the financial assurances of development required by the Subdivision Ordinance have been made.
(8)
Modification of final development plan. If, subsequent to the start of construction, it becomes necessary to modify the final development plan, the zoning administrator may do so at his discretion to the limits established in the PUD guidelines. If greater modifications are requested by the developer, they shall be subject to approval by the planning commission, which shall act within 30 days. In granting such modifications, the planning commission shall not act so as to substantially change the character or nature of the final development plan.
(Ord. of 5-1-95, § 8-23-7; Ord. of 6-6-11)
State Law reference— Planned unit development, MCL 125.584b.
Editor's note— Ord. of March 19, 2001, repealed § 74-558 which pertained to swimming pools and derived from Ord. of September 18, 1952(2).
(a)
Intent. It is the intent of this section to provide for the establishment in a residential district of comparable density, well-designed mobile home parks. The regulations and conditions contained in this section are designed to ensure that mobile home parks will provide a comfortable and pleasing environment for persons who seek mobile home residence. Regulations and conditions contained in this section are intended to ensure that mobile home park developments will be served adequately by essential public facilities and services such as access streets, public water, sanitary sewer and storm drainage facilities, refuse disposal, schools, and police and fire protection. The city council may, by the issuance of a special use permit, authorize the establishment of a mobile home park in an R-3 district. Such authorization shall be granted only when all the applicable procedures and requirements stated in this section are complied with.
(b)
General requirements, restrictions and standards.
(1)
Project area. Minimum project area for a mobile home park development shall be 20 acres, with a maximum site size not to exceed 40 acres.
(2)
Location. Mobile home parks may be located only in the R-3 multiple-family residential district, upon approval of the city council and in accordance with the following standards:
a.
The site shall be adjacent to and serviced by a collector or arterial street as designated on the city transportation plan map.
b.
The site shall be serviced by existing essential public facilities and services such as access streets, public water, sanitary sewer and storm drainage facilities and fire protection.
c.
Mobile home parks shall not abut single-family residential districts on more than two sides, and only with an intervening planted greenbelt at least 20 feet wide. A ten-foot-wide greenbelt shall be provided between a mobile home park and an R-3 district.
(c)
Uses permitted. Only the following land and building uses may be permitted under the provisions of this section:
(1)
Mobile homes as defined in this chapter.
(2)
One office building exclusively for conducting the business operations of the mobile home park.
(3)
Utility buildings for laundry facilities and auxiliary storage space for mobile home tenants.
(4)
Recreation areas, community building, playground and open space for use by mobile home park tenants.
(5)
Such additional accessory buildings and uses as are customarily incidental to mobile home park developments, except that this shall not include the sale of mobile home units other than by their individual resident owners or the servicing of mobile home units except as is required for normal maintenance by the individual resident owner or his contractors.
(6)
Signs pertaining exclusively to the mobile home park.
(d)
General development standards. The design and development of mobile home parks shall be subject to all current provisions of the mobile home commission general rules as adopted by the state mobile home commission, which are hereby incorporated by reference as a part of this chapter.
(e)
Operating standards.
(1)
The operating and business practices of mobile home parks shall be subject to all current provisions of the mobile home commission general rules as adopted by the state mobile home commission, which are hereby incorporated by reference as part of this chapter.
(2)
No part of any mobile home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management of mobile home parks.
(3)
Home occupations shall be prohibited from mobile home parks.
(f)
Review and approval procedure.
(1)
Application for approval. Applications shall be submitted through the city clerk to the planning commission; see section 74-552.
(2)
Preliminary review.
a.
In addition to those requirements set forth in section 74-552, the developer must submit the following for the initial phase of project review:
1.
A development plan, drawn to a readable scale, of the total property involved, showing its location in the city and its relationship to adjacent property.
2.
A site plan indicating the proposed location of mobile home units and the anticipated population density associated with the entire project.
3.
A site plan indicating the location and purpose of all nonresidential structures, traffic circulation, parking layout and pedestrian pathways.
4.
A site plan showing the acreage, nature and location of common open space, and a general statement as to the means by which the developer will guarantee its continuity and maintenance.
b.
Following receipt and review of the application, the planning commission shall hold a legally advertised public hearing on the proposed development. Upon conclusion of the public hearing, the planning commission will make a decision to approve or deny the plan based on the submitted information.
c.
At the time of approval by the planning commission, the preliminary review of the project will be sent to the city council for its action. If approved, the project continues under the secondary review procedure. If denied, the city council shall so notify the applicant and the planning commission.
(3)
Secondary review.
a.
Prior to receiving secondary approval, the developer must submit the following to the planning commission for its review:
1.
A site plan indicating engineering recommendations for water, sanitary sewer, storm drainage, natural gas, electric and telephone systems.
2.
A site plan indicating recommendations for road alignments, with provisions for dealing with topography and soil conditions.
3.
A site plan indicating existing contours and the final topographic conditions proposed for the site after grading.
4.
A detailed landscaping plan.
5.
A specific schedule of the intended development and construction details, including phasing or timing as it relates to open space, recreational features, common use areas, utilities and screening requirements.
b.
The planning commission will make a final recommendation to the city council to approve or deny the project based on the final detailed information specified in this subsection.
(4)
Commencement and construction. The applicant shall commence construction for an approved mobile home park development within one year following secondary special use permit approval. Failure to do so will invalidate the permit. The applicant may request one extension for not more than one year from the city council, providing such request is received prior to the expiration of the original permit.
(Ord. of 5-1-95, § 8-23-9; Ord. of 6-6-11)
(a)
Intent. It is the intent of this section to provide regulations controlling the placement of satellite dish antenna systems. Satellite dish antennas, given their size and general appearance, may be perceived as having a significant impact on adjoining residents and the character of a given neighborhood, or, if widespread, the community as a whole.
(b)
Special use permit required. No person shall construct or install a satellite dish antenna greater than 24 inches in diameter in the city without first obtaining a special use permit therefor in the manner provided for in this article.
(c)
Height restrictions and location in residential districts.
(1)
Satellite dish antennas shall be located in rear yards only.
(2)
There shall be no more than one satellite dish antenna per lot and the antenna shall be no more than 12 feet in diameter.
(3)
No advertising or word messages shall be permitted on the satellite dish antenna.
(4)
Roof-mounted satellite dish antennas greater than 24 inches in diameter are prohibited in the residential districts of the city.
(5)
Ground-mounted satellite dish antennas shall not exceed 15 feet in height.
(d)
Height restrictions and location in commercial and industrial districts.
(1)
Location and height shall conform to the minimum yard requirements of either principal buildings or accessory structures as defined in the respective zoning district.
(2)
No satellite dish antenna shall be used for nor contain a commercial or residential advertisement, or be painted or lighted or altered from its original form and condition at the time of its installation so as to resemble an advertising structure.
(e)
Review and findings. Denial of a special use permit application for a satellite dish antenna which otherwise complies with the specific requirements of this section and of other applicable provisions of this chapter shall be based upon a finding that the installation would have a substantial detrimental effect upon one or more adjoining private or public properties or would otherwise be contrary to public health, safety or welfare, specifying the basis for such findings. The conditions which may be attached may relate to the following: location, size, elevation, color, screening, landscaping, fencing or other matters having an impact on adjoining properties.
(Ord. of 5-1-95, § 8-23-10)
(a)
Intent. It is the intent of this section to provide regulations controlling those uses which by their very nature are recognized as having serious objectionable operational characteristics inducing a unwholesome impact on adjacent uses and areas. Special regulation of these uses is necessary to ensure that the anticipated adverse impacts will not contribute to the blighting or downgrading of the surrounding neighborhood. Uses subject to these controls include adult bookstores, adult motion picture theaters, adult motels, cabarets and massage parlors.
(b)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection:
(1)
Adult bookstore means an establishment having as a substantial portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(2)
Adult motion picture theater means an enclosed building used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(3)
Adult motel means a motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(4)
Cabaret means a nightclub, theater or other establishment which features live performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on sexual conduct or specified anatomical areas.
(5)
Massage parlor means any place where, for any form of consideration or gratuity, massage, alcohol rubs, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service relating thereto exposes specified anatomical areas.
(6)
Sexual conduct means:
a.
Human genitals in a state of sexual stimulation or arousal.
b.
Acts of human masturbation, sexual intercourse or sodomy.
c.
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(7)
Specified anatomical area means:
a.
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola.
b.
Human male genitals in a discernible erect state, even if completely and opaquely covered.
(c)
Standards for approval. The city council shall issue a special use permit for adult entertainment uses which comply with the following requirements:
(1)
No such adult entertainment uses shall be located in any zoning district except the B-2 general business district.
(2)
No such adult entertainment uses shall be allowed within 1,000 feet of another existing adult entertainment use.
(3)
No such adult entertainment use shall be located within 1,000 feet of any residential zoning district.
(4)
No such adult entertainment use shall be located within 1,000 feet of an existing church, school, park or playground.
(5)
All other requirements applicable to special use permits, including the holding of a public hearing, shall be met.
(Ord. of 5-1-95, § 8-23-11)
(a)
Intent. It is the intent of this section to provide development regulations for drive-ins which potentially present particular problems in their relationships to adjacent uses and traffic patterns in the districts in which they are permitted.
(b)
Site development standards. The city council shall only issue special use permits for drive-ins which comply with the following site development standards:
(1)
The minimum lot width shall be 125 feet.
(2)
All points of entrance or exit for motor vehicles shall be no closer than 30 feet to the intersection of the right-of-way lines of two streets and no closer than ten feet to an adjacent property line. The minimum driveway width at the curb line shall be 30 feet. No more than two driveway approaches shall be permitted on any street frontage.
(3)
The outdoor space used for parking and vehicle stacking shall be hard surfaced and adequately drained.
(4)
All areas used for the storage of trash and rubbish shall be screened by a vertical screen consisting of structural or plant materials no less than six feet in height, with a view-obstructing door.
(5)
An off-street stacking space is defined as an area ten feet wide by 20 feet long.
(6)
A bypass lane shall be provided so that stacked vehicles do not block or impede circulation on the site, on adjacent sites or on public streets.
(7)
Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
(8)
Drive-through aisles shall have a minimum 14 feet six-inch interior radius where a curve of 60 degrees or higher is present and a minimum 12 feet width.
(Ord. of 5-1-95, § 8-23-12; Ord. of 11-7-22)
Editor's note— Ord. of 11-6-17 repealed § 74-563, which pertained to medical marihuana provisioning centers and derived from Ord. of 10-20-14.