This chapter provides a set of standards for special uses of land or structures that, because of their unique characteristics, require special consideration in relation to the welfare of adjacent properties and the community as a whole. The regulations and standards, herein, are designed to allow, on one hand, practical latitude for the investor or developer, but at the same time maintain adequate provision for the protection of the health, safety, convenience, and general welfare of the community. These standards are in addition to the standard regulations of the zone districts within which the use is proposed.

The procedure for the review and approval of a special land use is outlined in chapter 13, application and review procedures. Prior to approving a special land use application, the following standards shall be satisfied for the use at the proposed location, in addition to specific standards for individual special land uses listed in section 15.03 below. The proposed special land use and its location shall:

A.

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 a use will not change the essential character of the area in which it is proposed.

B.

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

C.

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

D.

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

E.

Be compatible and in accordance with the goals, objectives and policies of the master plan and promote the intent and purpose of the zoning district in which it is proposed to locate.

F.

Be subject to stipulations by the Planning Commission of additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of this ordinance will be observed. The breach of any condition, safeguard, or requirement shall automatically invalidate the granting of the special land use.

G.

Comply with all applicable licensing ordinances.

(Ord. No. 7-03, § 12(15.02), 4-1-2003)

The special land use general standards of section 15.02 are basic to all uses authorized by special land use approval. Except as noted below the following sections identify specific requirements that shall be complied with by individual special land uses, in addition to the general standards of section 15.02. The special land uses with specific site and/or use standards described on the following page are as follows:

A.

Adult care: adult foster care medium and large group homes.*

B.

Adult care: adult day care.*

C.

Animal hospitals.

D.

Auto related: vehicle fuel stations.

E.

Auto related: vehicle repair establishments.*

F.

Auto related: vehicle wash establishments.

G.

Auto related: vehicle rental establishments.

H.

Auto related: fuel depot.

I.

Outdoor storage of recreational vehicles.

J.

Child care: foster family group home.*

K.

Reserved.

L.

Child care: child care center.*

M.

Child care: child caring institution.

N.

Places of religious worship.

O.

Hotels and motels.*

P.

Hospitals, convalescent homes, nursing homes, and assisted living group facilities.

Q.

Housing for the elderly.

R.

Kennels.

S.

Funeral homes and crematoria.

T.

Open air businesses.

U.

Wireless communication towers.

V.

Recreation: amusement parks.

W.

Recreation: golf courses, country clubs.

X.

Recreation: golf driving ranges, miniature golf courses.

Y.

Recreation: recreation facility, indoor.

Z.

Recreation: recreation facility, outdoor.

AA.

Recycling stations.*

BB.

Restaurants or other establishments with drive-in or drive-through facilities.*

CC.

Industrial selling retail.

DD.

Horse riding stables.

EE.

Zero lot line, single-family detached dwellings.

FF.

Commercial enterprise producing merchandise on premises.

GG.

Office in industrial.

HH.

Indoor vehicle sales in industrial.

II.

Service of alcoholic beverages.

JJ.

Open air construction and industrial equipment sales and rental.

*In the Form Based Code zone district special land use evaluation will be based only upon the general special land use standards set forth in section 15.02.

(Ord. No. 7-03, § 12(15.03), 4-1-2003; Ord. No. 12-08, § 1, 9-26-2008; Ord. No. 1-11, § 3, 2-11-2011; Ord. No. 3-12, § 8, 6-24-2012; Ord. No. 3-13, § 4, 3-13-2013; Ord. No. 3-14, § 3, 5-14-2014; Ord. No. 6-14, § 2, 8-19-2014; Ord. No. 10-17, § 8, 9-19-2017; Ord. No. 9-21, § 7, 11-16-2021; Ord. No. 8-23, § 2, 8-2-2023)

The special land use general standards of section 15.03 are basic to all uses authorized by special land use approval. The following subparagraphs identify specific requirements that shall be complied with by individual special land uses in addition to the general standards of section 15.02.

A.

Adult foster care medium and large group homes.

1.

Non-residential parking setback and screening provisions shall apply.

2.

The building shall have an appearance that is non-intrusive and consistent in color, materials, roofline, and architecture with the District and neighborhood in which it is located.

B.

Adult care; adult day care.

1.

The use shall be registered with the city.

2.

Nonresidential parking setback and screening provisions shall apply.

3.

The building shall have an appearance that is nonintrusive and consistent in color, materials, roofline and architecture with the residential district and neighborhood in which it is located, as determined by the Planning Commission.

4.

An on-site drive shall be provided for drop offs/loading. This drive shall be located to allow maneuvers without creating a hazard to traffic flow on the public street.

5.

The lot shall be located so that at least one side abuts an arterial or collector street and all access shall be from an arterial or collector street.

6.

The facility may operate a maximum of 16 hours per day.

C.

Animal hospitals.

1.

All principal use activities shall be conducted within a totally enclosed main building.

D.

Auto related. Vehicle fuel stations.

1.

A vehicle fuel station building and its accessory uses and buildings shall be located not less than 50 feet from any right-of-way line or from any side or rear lot line abutting a residential district. This setback requirement shall not apply to accessory parking.

2.

Where adjoining a residential use or residential district, buffer zone "B" is required (see chapter 19, landscaping). In addition, the Planning Commission may require a solid wall or solid fence along the lot line having a maximum height of six feet.

3.

The minimum frontage shall be 150 feet and the minimum lot area one acre.

4.

Accessory auto related facilities located on the premises such as wash facilities, vehicle rental and vehicle repair are allowed; however must obtain separate special land use permits as provided for in this chapter.

5.

The lot shall be located so that at least one side abuts an arterial street.

6.

The site shall be limited to no more than one driveway for each street on which it has frontage.

7.

All storage of material, merchandise and equipment shall be within the building.

8.

Gasoline or other flammable mixtures shall not be used to wash down the premises.

9.

In the event that a vehicle fuel station has been abandoned or not used as a vehicle fuel station for a period of more than one year, any application to operate the premises as a vehicle fuel station shall be considered as an application for a new vehicle fuel station.

10.

The applicant shall comply with Michigan Department of Environmental Quality (MDEQ) requirements.

E.

Auto related. Vehicle repair establishments.

1.

A vehicle repair establishment building and its accessory uses and buildings shall be located not less than 50 feet from any right-of-way line or from any side or rear lot line abutting a residential district. This setback requirement shall not apply to accessory parking.

2.

Where adjoining a residential use or residential district, buffer zone "B" (see chapter 19, landscaping) is required. In addition the Planning Commission may require a solid wall or solid fence along the lot line having a maximum height of six feet.

3.

The minimum frontage shall be 100 feet and the minimum lot area one-half acre.

4.

Accessory auto related facilities located on the premises such as wash facilities, vehicle rental and vehicle repair are allowed; however, must obtain separate special land use permits as provided for in this chapter.

5.

The lot shall be located so that at least one side abuts an arterial street.

6.

The site shall be limited to no more than one driveway for each street on which it has frontage.

7.

Overhead doors shall not face any roadway, except as approved by the Planning Commission for any of the following circumstances:

a.

For through garages where doors are provided on the front and rear of the building; or

b.

Garages located on corner or through lots; or

c.

Where it is determined that a rear garage door would have a negative impact on an abutting residential district.

7.

Accessory buildings shall not be permitted.

8.

All repair work shall be done within the building.

9.

All outdoor storage of vehicles, material, merchandise, equipment and other material incidental to the operation shall be enclosed by a six-foot high solid wall or solid fence meeting the minimum design requirements of chapter 19.

10.

Outdoor storage areas shall be paved with a permanent, durable and dustless surface and shall be properly graded and drained to dispose of stormwater.

11.

Outdoor storage areas are not permitted in the front yard of the site and shall meet the side and rear yard setback requirements.

12.

No operator shall permit outdoor storage of automobiles, trucks or trailers within the parking lot. It is presumed that vehicles on the site for a period in excess of 72 hours would represent a violation of this section.

13.

Gasoline or other flammable mixtures shall not be used to wash down the premises.

14.

The applicant shall comply with Michigan Department of Environmental Quality (MDEQ) requirements.

F.

Auto related; vehicle wash establishments.

1.

Additional auto related facilities located on the premises such as vehicle fuel and fuel stations are allowed, however they must obtain separate special land use permits as provided for in this chapter.

2.

All washing activities must be within a building.

3.

Vacuuming activities, if outdoors, shall be set back at least 100 feet from any lot line adjoining a residential use or district.

4.

The vehicular exit from the building shall be at least 75 feet distant from the driveway egress.

5.

No vehicle wash establishment operator shall permit patrons to extend lines of vehicles off of the premises.

6.

Wastewater shall be filtered or otherwise cleansed so as to minimize discharge of soap, wax and solid matter into the public sewer.

7.

The site shall be limited to no more than one driveway for each street on which it has frontage.

8.

Each wash bay shall be provided ample space for required stacking spaces that is not located within the public or private right-of-way and that does not conflict with vehicle maneuvering areas and does not conflict with other activities on the site such as gasoline pumps or vacuums.

9.

A by-pass lane around the building is required for automated drive-through wash facilities.

10.

Overhead doors shall not face any roadway, except as approved by the Planning Commission for any of the following circumstances:

a.

For through garages where doors are provided on the front and rear of the building; or

b.

Garages located on corner or through lots; or

c.

Where it is determined that a rear garage door would have a negative impact on an abutting residential district.

11.

A vehicle wash establishment building and its accessory uses and buildings shall be located not less than 100 feet from any right-of-way line or from any side or rear lot line abutting a residential district.

12.

No permitted activity shall emit noise that is readily discernible to the average person in any adjacent residential zone district providing that air handling equipment in proper working condition deemed to comply with this provision is located on a roof with intervening noise reduction baffles. Nothing herein shall be interpreted to relieve the property owner or operator of the need to comply with all noise regulations of the city.

G.

Auto related. Vehicle rental establishments.

1.

The lot area used for parking display or storage shall be provided with a permanent, durable and dustless surface and shall be graded and drained so as to dispose of all surface water.

2.

The area dedicated for parking and storage of vehicles shall be limited to a maximum of 50 vehicles at any given time.

3.

Accessory buildings and uses will not be permitted, including car washes, repair and maintenance facilities or other servicing of vehicles or car sales.

H.

Auto related; fuel depot.

1.

Automated dispense system with quantity restrictions.

2.

Limited to privately owned commercial/industrial fleet sales.

3.

Product sales restricted to only petroleum fuels and motor oils.

4.

No washing, maintenance or service facilities.

5.

On-site containment system around the fueling area.

6.

Overfill and wash down procedures approved by the state fire marshal.

7.

The applicant shall comply with Michigan Department of Environmental Quality (MDEQ) requirements.

I.

Outdoor storage of recreational vehicles.

1.

In the industrial zone districts recreational vehicle outdoor storage is only allowed as an accessory use to a mini storage facility.

2.

The use shall be limited to the rear yard of the property and not to exceed 25 percent of the area of the lot.

3.

The surface of the outside storage area for recreational vehicles must be paved with an asphalt, concrete or slag binder.

J.

Child care; foster family group home.

1.

The use shall be registered with the city and shall continually have on file with the city documentation of a valid license as required by the state.

2.

The applicant shall submit documentation of compliance with state building and fire codes.

3.

Nonresidential parking setback and screening provisions shall apply.

4.

The building shall have an appearance that is nonintrusive and consistent in color, materials, roofline and architecture with the residential district and neighborhood in which it is located, as determined by the Planning Commission.

K.

Reserved.

L.

Child care; child care center.

1.

The use shall be registered with the city and shall continually have on file with the city documentation of a valid license as required by the state.

2.

The applicant shall submit documentation of compliance with state building and fire codes.

3.

Nonresidential parking setback and screening provisions shall apply.

4.

The building shall have an appearance that is nonintrusive and consistent in color, materials, roofline and architecture with the residential district in which it is located, as determined by the Planning Commission.

5.

Documentation of sufficient indoor classroom, crib and play area meeting state requirements shall be provided. Documentation of approved areas, as licensed by the state, shall be provided.

6.

There shall be sufficient outdoor play area to meet state regulations. All required outdoor play areas shall be fenced with a four-foot tall fence, provided that no fence shall be located in a front yard.

7.

An on-site drive shall be provided for drop offs/loading. This drive shall be arranged to allow maneuvers without creating a hazard to traffic flow on the public street.

8.

The lot shall be located so that at least one side abuts an arterial or collector street and all access shall be from an arterial or collector street.

9.

As an accessory use, the child care center shall be located within the same building as the primary use.

10.

Dormitory facilities are not permitted.

11.

The perimeter building and/or play area setback may be adjusted to take into account the existing or planned use of adjacent properties.

M.

Child care; child caring institution.

1.

The use shall be registered with the city of Kentwood and shall continually have on file with the city documentation of a valid license as required by the state.

2.

The applicant shall submit documentation of compliance with state building and fire codes.

3.

Nonresidential parking setback and screening provisions shall apply.

4.

Documentation of sufficient indoor classroom, crib and play area meeting state requirements shall be provided. Documentation of approved areas, as licensed by the state, shall be provided.

5.

There shall be sufficient outdoor play area to meet state regulations. All required outdoor play areas shall be fenced with a four-foot tall fence, provided that no fence shall be located in a front yard.

6.

An on-site drive shall be provided for drop offs/loading. This drive shall be arranged to allow maneuvers without creating a hazard to traffic flow on the public street.

7.

The lot shall be located so that at least one side abuts an arterial or collector street and all access shall be from an arterial or collector street.

N.

Places of religious worship.

1.

Minimum lot width shall be 150 feet.

2.

The lot location shall have at least one property line that abuts a collector or arterial street.

O.

Hotels and motels.

1.

Where the front yard is used to provide access, a 25-foot wide greenbelt shall be provided along the front property line, except for drive openings.

2.

Each guest unit shall contain a minimum of 250 square feet of gross floor area.

3.

A minimum lot area of 40,000 square feet is required together with a minimum lot width of 150 feet, plus there shall be an additional 400 square feet of lot area for each guest unit.

4.

Where adjoining a residential use or residential district, buffer zone "B" (see chapter 19, landscaping) is required. In addition the Planning Commission may require a solid wall or solid fence along the lot line having a maximum height of six feet.

P.

Hospitals, nursing homes, convalescent homes and assisted living group facilities.

1.

Minimum lot area shall be three acres.

2.

The lot location shall have at least one property line [that] abuts an arterial street as classified on the "Major Street Plan." The ingress and egress for off-street parking facilities shall be from the major thoroughfare.

3.

Ambulance and emergency entrance areas shall be visually screened from the view of adjacent residential uses by a structure or by a six-foot high vertical screen. Access to and from the ambulance and delivery area shall be directly from an arterial street.

4.

A minimum of 200 square feet of greenspace shall be provided per bed.

5.

No power plant or laundry shall be located nearer than 300 feet to any adjacent residential use.

6.

No more than 25 percent of the gross site area shall be occupied by buildings.

7.

The principal use building must maintain a minimum 20-foot side yard, and a minimum 35-foot front yard and a minimum 50-foot rear yard.

8.

The nonresidential parking setback and screening requirements of each district shall apply.

Q.

Housing for the elderly.

1.

Minimum lot size shall be two acres.

2.

A retail food store (existing or under construction) with a minimum area of 10,000 square feet shall be located within a 1,500-foot radius of the proposed site.

3.

If no retail food stores are available within the required distance, provisions shall be made for regular shuttle access to a retail food store.

4.

Maximum height of building shall not exceed 72 feet.

5.

The maximum allowable density shall be 32 units per acre.

6.

One parking space per dwelling unit shall be required, of which 25 percent shall be designated for nonresident (visitor) parking.

7.

All dwelling units in the building shall have a minimum of 450 square feet per unit.

8.

For every residential unit a minimum of 65 square feet of the site shall be provided as common open space that meets the standards of subsection 12.10.N of the zoning ordinance.

9.

For every 50 residential units a minimum of 1,500 square feet of indoor recreation space is required.

10.

Retail and service uses may be permitted on the site if accessory to the elderly housing use. All such uses shall be within the walls of the main structure. No freestanding signs for such uses shall be allowed.

11.

Front and rear setbacks shall be equal to the height of the building. A side yard of at least 20 feet is required on each side of any portion of the building.

R.

Kennels.

1.

The minimum parcel size shall be three-quarters of an acre.

2.

The maximum number of dogs or cats occupying the facility shall be one dog or cat per 60 square feet of building floor area.

3.

Animals cared for on the premises shall be limited to dogs or cats.

4.

Services provided on the premises shall be limited to grooming, training, exercising, socializing and overnight boarding of dogs or cats.

5.

Accessory uses permitted on the premises may include the retail sale of products related to the operation, provided that the total floor area devoted to the display of retail merchandise shall be limited to ten percent of the total floor area occupied by the business, or 500 square feet, whichever is less.

6.

All dogs in the care of the facility shall be kept within a completely enclosed building at all times, with the exception that dogs may be placed in an outdoor play area for limited periods of time, under personal supervision by staff of the facility.

7.

The location and size of an outdoor exercise area shall be at the full discretion of the planning commission. Outdoor exercise areas shall be located a minimum of 200 feet from the boundary of a residential zoning district, and shall be located on the site so as to minimize a direct line-of-site orientation to adjacent residential uses.

8.

An outdoor exercise area shall be enclosed by a sight-obscuring fence designed and constructed to provide secure containment of dogs in care.

9.

An outdoor exercise area shall be cleaned at least daily. Liquid animal waste shall be disposed of in accordance with best management practices.

10.

The facility shall utilize impervious, washable materials for all wall finish materials a minimum of 48 inches from the floor (e.g., sealed masonry, ceramic title, glassboard, or marlite).

11.

Floor finish shall be sealed concrete or other approved impervious surface. Liquidtight curbing, at least six inches high, shall be installed along all walls for sanitary confinement and wash-down cleaning.

12.

Floor drains shall be connected to the sanitary sewer system.

13.

Refuse pick-up shall be a minimum of two times a week, unless the zoning administrator determines additional disposal is required. Animal wastes shall be stored in enclosed containers of sufficient construction to eliminate odors.

14.

Parking operations plan to account for all principle and accessory uses.

15.

The applicant shall comply with applicable county, state, and/or federal requirements associated with kennels and animal care. Kennel licenses may be permitted as herein and under the requirements and licensing of the director of animal control of the county. Only under these circumstances will more than three dogs or cats six months of age or over be permitted in one person's care, custody, or control in the city. The applicant shall provide proof of licensure within a reasonable time.

S.

Funeral homes and crematoria.

1.

Minimum lot area shall be one acre with a minimum width of 150 feet.

2.

A well-designed and landscaped off-street vehicle assembly area shall be provided to be used in support of funeral procession activity. This area shall be in addition to required off-street parking area or its related maneuvering space.

3.

A caretaker's residence may be provided within the principal building.

4.

The proposed site shall front upon an arterial or collector street. All ingress and egress shall be from this street.

T.

Open air business.

1.

Minimum lot area shall be one acre.

2.

Minimum lot width shall be 200 feet.

3.

A six-foot high vertical screen and/or a buffer zone may be required along the side and rear lot lines to enclose and screen the open air sales and/or storage area.

4.

All open air businesses shall comply with all applicable health department regulations regarding sanitation and general health conditions.

5.

The Planning Commission may, to insure strict compliance with any regulation contained herein and required as a condition of the issuance of a permit for an open air business use, require the applicant to furnish a performance guarantee satisfactory to and in an amount determined by the Planning Commission to be reasonably necessary to ensure compliance hereunder. In fixing the amount of the performance guarantee, the Planning Commission shall take into account the size and scope of the proposed open air business use, current prevailing cost of rehabilitating the premises upon default of the operator of the use, estimated expenses to compel the operator to comply by court decree, and other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.

6.

The lot areas used for parking, display or storage shall be provided with a bituminous or Portland cement binder so as to provide a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.

7.

Ingress and egress shall be provided as far as practicable from two intersecting streets and shall be at least 150 feet from an intersection.

8.

All lighting shall be shielded from adjacent residential areas.

9.

The height of all materials and equipment stored in an outdoor storage area shall not exceed the height of any landscape screening, wall or fence.

10.

The storage and display of materials is not permitted in any required front yard and shall meet all the yard setback requirements applicable to any building in the district. In the FBC context areas the minimum front yard open air display/storage setback is 20 feet and a minimum two-foot high screen wall or hedge shall be provided to screen the display and provide separation between the product and the sidewalk.

11.

All loading activities and parking areas shall be provided on the same premises (off-street).

12.

The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.

13.

In the C-3 zone district the open air business approval is limited to January 1 through November 15 of the calendar year. The open air events are limited to farmers markets, Halloween themed costume and accessories, and the sale of new and late model cars,

trucks, motorcycles, snowmobiles, all-terrain vehicles, recreational vehicles, boat, and power water craft. A zoning permit for a period of not more than 14 consecutive days must be secured from the Zoning Administrator for each individual open air sales event.

14.

Within the FBC context areas, the primary building wall shall be built to a minimum of 25 percent of the overall width of the primary street property line.

U.

Wireless communication support structure.

1.

Wireless communications support structures must be installed on a lawful lot for the zoning district in which it is located, either as a principal use, or as an accessory use related to the principal use.

2.

Wireless communication support structures, except lawful nonconforming structures and those structures within the public right-of-way, must be set back from all lot lines (and in the case of a park site from areas of unrestricted public use) at a distance equal to the height of the tower to the nearest property line measured from the center of the tower. The wireless communication support structure setback may be reduced when documentation from a State of Michigan licensed and registered professional engineer is submitted certifying the "fall zone" of the tower in the event of a failure. For the purposed of this section, the term "fall zone" and the associated affected area shall mean the calculated manner and extent to which a wireless communication support structure is designed to fall.

3.

The applicant shall demonstrate that the wireless communication support structure conforms to the city's wireless communication plan including the provision of all information required by a qualified and licensed professional engineer to validate the structural integrity of the proposed structure at the specified height and location. The city shall have the right to retain independent technical consultants and experts that it deems reasonably necessary to properly evaluate applications for wireless communication support structures and to charge the costs for services to the applicant.

4.

A proposal for a new wireless communication support structure not specified in the city's wireless communication plan shall not be approved unless and until it is documented by a qualified and licensed professional engineer that the wireless communications equipment planned for the proposed wireless communication support structure cannot be feasibly collocated on an existing structure or at a location designated in the wireless communications plan due to at least one of the following reasons:

(a)

The planned equipment would exceed the structural capacity of the existing or approved wireless communication support structure or building and the existing or approved wireless communication support structure cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment.

(b)

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the wireless communication support structure or other existing structure and the interference cannot be prevented by any other means.

(c)

Existing or approved wireless communication support structures and buildings cannot accommodate the planned equipment at a height necessary for the coverage area and capacity needs to reasonably function.

(d)

Other unforeseen reasons that make it infeasible to locate the planned wireless communications equipment upon an existing wireless communication support structure or at a location designated in the wireless communications plan as documented by a qualified and licensed professional engineer.

(e)

The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the city taking into consideration the several standards contained within this subsection.

5.

The owner and operator of a wireless communication support shall agree to permit other communication service providers, including local governmental agencies, to use the wireless communication support structure, upon commercially reasonable terms and conditions. As used herein, "commercially reasonable terms and conditions" shall mean a rental or license rate consistent with the market for metropolitan Grand Rapids and without mandating the use of another entity's support structure. This obligation shall not require the owner or operator to permit access where doing so will interfere with the owner or operator's ability to provide or receive signals or with contractual obligations to unrelated third parties.

6.

The proposed wireless communication support structure will be structurally sound and constructed in accordance with all federal, state or local legal requirements and otherwise capable of being used in accordance with the requirements of this section. The owner or operator shall inspect structures annually and the record of this annual inspection shall be submitted to the zoning administrator. In addition, an engineering inspection and certification will be required: when the structure is put into service; every five years thereafter; and whenever a structural change is made.

7.

In residential and historic districts, the height of support structures shall not exceed that minimally required to meet federal, state and local performance requirements. Subject to FAA standards, any support structure in a residential district shall not be erected at a height to require lighting.

8.

The Gerald R. Ford International Airport zoning administrator shall approve the support structure site plan and proposed support structure for compliance with height and lighting requirements dictated by the Gerald R. Ford International Airport Zoning Ordinance and FAA Standards.

9.

The applicant shall include in its application for special land use information on the screening or landscaping of the site. The support structure may be required to be disguised or stealthed with natural or manmade features such as landscape features, clock towers, steeples, flagpoles etc. in residential or historic districts. Landscape screening and similar environment-blending measures may be required by the planning commission to help screen the ancillary buildings from the surrounding uses, with special consideration for residential uses.

10.

As a condition of any wireless communication support structure's installation, the applicant acknowledges and agrees that a structure that remains unused for the original purpose and intent for a period of 12 months (or longer if approved by the city commission) shall be deemed to have been abandoned. Under such circumstances the structure must be removed within 90 days of written notification by the zoning administrator. Furthermore, the applicant shall post a performance guarantee in a satisfactory form to the city in an amount that shall cover 100 percent of the cost of removing the support structure in the event that the applicant fails to complete the removal of the abandoned support structure within the prescribed time period.

11.

Only one support structure per OS district site is permitted.

12.

Wireless communication structures in nonresidential districts shall be constructed to accommodate at least four antennae platform levels. Co-location terms, including rates, for compatible providers shall be included in the application. Terms shall be consistent with the market for metropolitan Grand Rapids. In addition applicants shall submit a signed statement agreeing to permit co-location consistent with those rental rates. The colocation requirement may be waived if the support structure is disguised or stealthed with natural or manmade features such as landscape features, clock towers, steeples, flagpoles etc.

13.

Wireless communication support structures shall not be erected on cemetery sites.

14.

Wireless communication support structures proposed on public park property are subject to the advisory review of the city's parks and recreation commission. The parks and recreation commission shall file a report and recommendation with the planning commission considering in part the evaluation of the support structure design relative to the maximization of open space preservation.

15.

A temporary wireless communication support structure may be used by a provider in any zoning district for the purpose of providing temporary wireless services for special short-term events such as a sporting event or entertainment event; to allow for modification, replacement, and/or repairs to a permanent facility; or as necessary to aid in post disaster relief efforts.

16.

One identification sign is required, measuring no more than 36 inches wide by 24 inches high, identifying the primary party responsible for the operation and maintenance of the facility, the address and telephone number of that party and, if appropriate, the FCC/FAA registration number of the structure shall be permanently attached to the fence, tower or wall of the ancillary building. The identity of the various carriers shall also be indicated on this sign. The only additional signs that may be permanently attached to the fence, tower or wall shall be security or safety signs. No advertising signs are allowed.

17.

Each wireless communication support structure shall be permitted a 2,500 square foot compound or enclosure to allow for carrier equipment cabinets or shelters. Each carrier on a tower will be allowed an equipment cabinet or structure, and no one provider shall occupy more than 250 square feet of interior floor space or have an eave height of more than ten feet. The equipment cabinet or structure shall be required to be of a design consistent with surrounding development. The support structure compound shall provide for the equipment of future third parties co-locating and shall be fenced and landscaped with a buffer of plant materials that effectively screens the view of the compound subject to the approval of the city. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

18.

Except as otherwise required by law, a wireless communications support structure shall not exceed a height of 195 feet. Any wireless communication support structure and/or wireless communication equipment placement adjacent to a residential zone that requires lighting shall be a continuous red beacon at night.

V.

Recreation; amusement parks.

1.

The minimum lot size shall be ten acres.

2.

The lot shall be located so that at least one side abuts an arterial street and all access shall be from the arterial street.

3.

The main and accessory buildings shall not be located nearer than 300 feet to any adjacent dwelling.

4.

Maximum building coverage shall be 25 percent.

5.

Any amusement enterprises located within 500 feet of any adjacent dwelling shall close not later than 10:00 p.m.

6.

The entire premises shall be surrounded by a six-foot cyclone fence at or near the boundary property lines.

7.

No entrances or exits shall be from a collector or residential street.

W.

Recreation; golf courses, country clubs.

1.

Minimum lot size shall be 40 acres.

2.

The main and accessory buildings shall be set back at least 75 feet from all property and street lines.

3.

Lighting shall be shielded to reduce glare and shall be so arranged and maintained as to direct the light away from all residential lands which adjoin the site.

X.

Recreation; golf driving ranges, miniature golf courses.

1.

All traffic ingress and egress shall be from an arterial or collector street.

2.

Whenever any use that may be permitted in this subsection abuts property within a residential district, a transition strip at least 100 feet in width shall be provided between all operations and structures and the residential property. Grass, plant materials, and structural screens of a type approved by the Planning Commission shall be placed within the transition strip.

3.

A minimum yard of 100 feet shall separate all uses, operations and structures permitted herein, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with plans approved by the Planning Commission.

Y.

Recreation; recreation facility, indoor.

1.

The principal and accessory uses and buildings shall not be located within 100 feet of any residential district or use.

2.

All uses shall be conducted completely within a fully enclosed building.

Z.

Recreation; recreation establishments, outdoor.

1.

Uses shall include, but need not be limited to, the following: recreational fields, rinks or courts, including football, softball, soccer, tennis, basketball, ice skating, and similar activities, swimming pools open to the general public or operated by a private nonprofit organization, archery and shooting ranges, animal racing, go-cart, automobile or motorcycle tracks, music concert pavilions and bandshells, amusement parks and uses accessory to the above uses, such as refreshment stands, retail shops selling items related to the above uses, maintenance buildings, office for management functions, spectator seating and service areas, including locker rooms and rest rooms.

2.

The site shall be adequate to accommodate the intended use(s), parking and adequate buffer areas without significant impact on nearby properties in terms of noise, traffic, lighting glare, views, odors, trespassing, dust or blowing debris, as determined by the Planning Commission. The applicant shall provide documentation the site size is adequate using national facility standards.

3.

The site shall be located on a street that is classified as an arterial.

4.

No building or spectator seating facility shall be located within 100 feet of a property line.

AA.

Recycling stations.

1.

Paved loading and stacking spaces shall be provided for at least three automobiles.

2.

All storage of recycled materials shall be within appropriate containers, with access through doors on the sides of the container.

3.

The Planning Commission may require a totally obscuring fence or wall around the perimeter of the recycling center.

4.

The hours of operation and materials accepted shall be clearly posted.

BB.

Restaurants and other establishments with drive-in or drive-through facilities (including retail and financial institutions).

1.

Point of drive-through transaction shall be setback 50 feet from any adjacent public right-of-way line or property line.

2.

Establishments constructed adjacent to other office and commercial developments shall have a direct vehicular access connection where possible.

CC.

Industrial selling retail.

1.

Retail sales restricted to those goods manufactured, compounded, processed, packaged, treated or assembled on site from previously prepared materials.

2.

Retail operation must be housed within the same building as the primary industrial use.

3.

All retail activities must be entirely within the enclosed building. No outside storage or display.

4.

Parking and circulation must not conflict with primary industrial use.

5.

Freestanding and wall sign identification as set forth in chapter 16 must be incorporated within primary industrial sign display

6.

The area devoted to retail sales shall not exceed the greater of five percent of the total floor area or 1,000 square feet.

DD.

Horse riding stables.

1.

For breeding, rearing and housing of horses, mules and similar domestic animals, the minimum lot size shall be ten acres except that up to two saddle horses or ponies may be housed and reared on lots of two acres or more.

2.

A building used as a stable shall not be located nearer than 60 feet to any property line and not nearer than 100 feet to any dwelling on adjacent property.

3.

Animals shall be confined in a suitably fenced area, or paddock, to preclude their approaching nearer than 60 feet to any dwelling on adjacent premises.

4.

The facility shall be so constructed and maintained that odor, dust, noise and drainage shall not constitute a nuisance or hazard to adjoining premises.

EE.

Zero lot line, single-family detached dwellings.

1.

Dwellings must be generally compatible in size and design with neighboring properties if placed within plats existing at the time of the enactment of this provision.

2.

A minimum side yard of 20 feet shall be maintained between the main dwelling and side yard on the side not placed on the lot line (nonzero lot line side).

3.

Zero lot line dwellings constructed on lots with adjoining side yards to nonzero lot line dwellings shall maintain at least a 15-foot distance between dwellings.

4.

The side of the structure placed on, or near, the side lot line shall not have openings, doors or windows of any kind.

FF.

Commercial enterprise producing merchandise on premises.

1.

No more than 15 persons in merchandise production are employed on the premises.

2.

Production shall not be to the detriment to the adjacent occupied premises.

3.

The finished product is sold at retail on the premises.

[GG.

Office in industrial.]

HH.

Indoor vehicle sales in industrial.

1.

All activities to occur within the enclosed building.

2.

No open-air display or storage of inventory.

3.

No vehicle repair or maintenance to occur on-site.

4.

Vehicle display and/or storage area limited to 5,000 square feet.

II.

Service of alcoholic beverages.

1.

Any new establishment seeking a license for the sale or consumption of beer, wine, or alcoholic beverages on-premises shall require special land use approval and site plan review in accordance with this section.

2.

Applicant shall provide a copy of any licensing materials submitted to the Liquor Control Commission.

3.

Applicant shall provide a site plan illustrating the proposed location where the alcohol sales would occur, as well as all other locations where on-premises sales presently exist within a one thousand-foot radius of the closest lot lines of the subject site.

4.

The proposed establishment must promote the city's economic development goals and objectives, and must be consistent with the city's master plan and zoning ordinance.

5.

Given the character, location, development trends and other aspects of the area in which the proposed use or change in use is requested, the applicant shall demonstrate that the use will: rejuvenate an underutilized property or an identifiable area within the city; or provide a unique business model, service, product, or function; or add to the diversity of the city or to an identifiable area within the city; or that the addition of the use or proposed change in use will be otherwise a benefit or asset to the city or identifiable area.

6.

The applicant must demonstrate that the use or change in use as constructed and operated is compatible with the area in which it will be located, and will not have appreciable negative secondary effects on the area, such as:

(a)

Vehicular and pedestrian traffic, particularly during late night or early morning hours that might disturb area residents.

(b)

Noise, odors, or lights that emanate beyond the site's boundaries onto property in the area on which there are residential dwellings.

(c)

Excessive numbers of persons gathering outside the establishment.

(d)

Peak hours of use that add to congestion or other negative effects in the neighborhood.

(e)

Fighting, brawling, outside urination, or other behavior that can accompany intoxication.

JJ.

Non-exempt small cell wireless facilities. The co-location of existing, or installation of new, small cell wireless facilities or new utility poles or wireless support structures (jointly, "support structures") used for such small cell wireless facilities that are not exempt from zoning review in accordance with Act 365 of 2018 shall be subject to special land use review and approval in accordance with the following procedures and standards:

1.

New installations of support structures designed to support small cell wireless facilities outside of the right-of-way shall be installed on a legal conforming lot for the zoning district in which it is located as a principal use. This provision shall not apply to existing support structures, including existing buildings.

2.

Support structures designed to support small cell wireless facilities outside of the right-of-way must be set back from all lot lines (and in the case of a park site, from areas of unrestricted public use) at a distance that is equal to the actual fall zone for the wireless communication support structure proposed or 50 percent of the height of the support structure, whichever is greater. The fall zone shall be certified by a State of Michigan licensed and registered professional engineer.

3.

The owner and operator of a support structure for new small cell wireless facilities outside public rights-of-way shall agree to permit other communication service providers, including local governmental agencies, to use the support structure, upon commercially reasonable terms and conditions. As used herein, "commercially reasonable terms and conditions" shall mean a rental or license rate consistent with the market for metropolitan Grand Rapids and without mandating the use of another entity's towers. This obligation shall not require the owner or operator to permit access where doing so will interfere with the owner or operator's ability to provide or receive signals or with contractual obligations to unrelated third parties.

4.

The proposed support structure will be structurally sound and constructed in accordance with all federal, state or local legal requirements and otherwise capable of being used in accordance with the requirements of this section. The owner or operator shall inspect support structures annually and the record of this annual inspection shall be submitted to the zoning administrator. In addition, an engineering inspection and certification will be required: when the support structure is put into service; every five years thereafter; and whenever a structural change is made.

5.

In residential and historic districts, the height of support structures outside of public rights-of-way shall not exceed that minimally required to meet federal, state and local performance requirements. Subject to FAA standards, any support structure in a residential district shall not be erected at a height to require lighting.

6.

The Gerald R. Ford International Airport zoning administrator shall approve the support structure site plan and proposed support structure for compliance with height and lighting requirements dictated by the Gerald R. Ford International Airport Zoning Ordinance and FAA Standards.

7.

The applicant shall include in its application for special land use information on the screening or landscaping of the site. The support structure may be required to be disguised or stealthed with natural or manmade features such as landscape features, clock towers, steeples, flagpoles etc. in residential or historic districts. Landscape screening and similar environment-blending measures may be required by the planning commission to help screen the ancillary buildings from the surrounding uses, with special consideration for residential uses.

8.

As a condition of any support structure's installation, the applicant acknowledges and agrees that a support structure that remains unused for the original purpose and intent for a period of 12 months (or longer if approved by the city commission) shall be deemed to have been abandoned. Under such circumstances the support structure must be removed within 90 days of written notification by the zoning administrator. Furthermore, the applicant shall post a performance guarantee in a satisfactory form to the city in an amount that shall cover 100 percent of the cost of removing the support structure in the event that the applicant fails to complete the removal of the abandoned support structure within the prescribed time period.

9.

The processing of an application is subject to all of the following requirements:

a.

Within 30 days after receiving an application under this section, the city shall notify the applicant in writing whether the application is complete. A notice of incompleteness tolls the running of the 30-day period.

b.

The running of the time period tolled under subdivision (a) resumes when the applicant makes a supplemental submission in response to the city's notice of incompleteness.

c.

The city shall approve or deny the application and notify the applicant in writing within 90 days after an application for a modification of a support structure or installation of a small cell wireless facility is received or 150 days after an application for a new support structure is received. The time period for approval may be extended by mutual agreement between the applicant and the city.

10.

The planning commission shall basis its review of the special land use request on the standards contained in section 15.02 as well as the standards in this section; provided, however that a denial shall comply with all of the following:

a.

The denial is supported by substantial evidence contained in a written record that is publicly released contemporaneously.

b.

There is a reasonable basis for the denial.

c.

The denial would not discriminate against the applicant with respect to the placement of the facilities of other wireless providers.

11.

In addition to the provisions set forth herein, the planning commission in its review of an application is subject to all of the following:

a.

An applicant's business decision on the type and location of small cell wireless facilities, support structures, or technology to be used is presumed to be reasonable. This presumption does not apply with respect to the height of small cell wireless facilities or support structures.

b.

An applicant shall not be required to submit information about its business decisions with respect to any of the following:

(i)

The need for a support structure or small cell wireless facilities.

(ii)

The applicant's service, customer demand for the service, or the quality of service.

12.

The fee for zoning review of a special land use and associated site plan shall be as established by the city by resolution from time to time.

13.

Within one year after a zoning approval is granted, a small cell wireless provider shall commence construction of the approved support structure or facilities that are to be operational for use by a wireless services provider, unless the city and the applicant agree to extend this period or the delay is caused by a lack of commercial power or communications facilities at the site. If the wireless provider fails to commence the construction of the approved support structure or facilities within the time required the zoning approval is void.

JJ.

Open air construction and industrial equipment sales and rental.

1.

There shall be a minimum front yard landscaped setback of 35 feet. No parking, storage, or display is permitted within the landscaped setback.

2.

The maximum height of equipment stored or displayed in the front yard shall be no more than ten feet.

3.

A landscaped berm or solid wall at least three feet in height may be required in the front yard.

4.

The maximum height of equipment stored or displayed in a rear or side yard shall be no higher than 30 feet or the height of the building, whichever is less; although, when the height of the equipment will exceed 15 feet additional screening, landscaping, or setbacks may be required.

5.

Additional screening and setbacks may be required for lots with frontage on more than one street.

6.

A six-foot high vertical screen and/or a buffer zone may be required along the side and rear lot lines to enclose and screen the open air sales and/or storage area.

7.

The lot areas used for parking, display, or storage shall be provided with a bituminous or Portland cement binder so as to provide a permanent, durable, and dustless surface and shall be graded and drained so as to dispose of all surface water.

8.

The equipment shall be in good working order and shall be fit for the purpose for which it is to be used.

(Ord. No. 7-03, § 12(15.04), 4-1-2003; Ord. No. 6-06, § 5, 4-30-2006; Ord. No. 17-06, § 3, 10-20-2006; Ord. No. 12-08, § 1, 9-26-2008; Ord. No. 3-09, § 2, 6-26-2009; Ord. No. 7-09, § 1, 9-25-2009; Ord. No. 1-11, § 3, 2-11-2011; Ord. No. 3-12, § 9, 6-24-2012; Ord. No. 5-12, § 2, 7-1-2012; Ord. No. 3-13, §§ 5, 6, 3-13-2013; Ord. No. 3-14, § 4, 5-14-2014; Ord. No. 6-14, § 3, 8-19-2014; Ord. No. 9-16, § 11, 12-20-2016; eff. 12-30-2016; Ord. No. 2-17, § 4, 2-7-2017, eff. 2-17-2017; Ord. No. 10-17, §§ 9—11, 9-19-2017; Ord. No. 7-18, § 9, 10, 5-1-2018; Ord. No. 1-19, §§ 20, 21, 3-18-2019; Ord. No. 4-20, § 4, 9-1-2020; Ord. No. 9-21, § 8, 11-16-2021; Ord. No. 7-23, § 2, 6-20-2023; Ord. No. 8-23, § 3, 8-2-2023)