(a)   Intent and purpose. The intent of this article is to provide a set of procedures and standards for specific uses of land or structures that will allow, on one hand, practical latitude for the developer, but that will at the same time, maintain sound provisions for the protection of the health, safety and general welfare of the inhabitants of the city. In order to provide controllable and reasonable flexibility, this article permits detailed review of certain specified types of land use activities which, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Uses possessing these characteristics may be authorized within certain zoning districts by the issuance of a special use permit. By such a procedure, the city has the opportunity to impose conditions and safeguards upon each use which are deemed necessary for the protection of the public welfare. The following sections, together with previous references in other articles of this chapter, designate specific uses that require a special use permit and, in addition, specify the procedures and standards which must be met before such a permit can be issued.

(b)   Permit procedures. An application for a special use permit for any use shall be submitted and processed under the following procedures:

   (1)   Submission of application. An application shall be submitted on a form through the zoning official for consideration by the planning commission. The application shall be accompanied by payment of a fee as established by resolution of the city council to cover costs of processing the application as well as site plan review fees that may be required. No part of any fee shall be refundable.

   (2)   Required information. One copy of an application for a special use permit shall be submitted to the zoning official and accompanied by 20 copies of a preliminary site plan in compliance with division 1 of article VII of this chapter. It shall be the responsibility of the applicant to furnish sufficient evidence to demonstrate compliance of the proposed use with the provisions of this chapter.

   (3)   Acceptance of application.

      a.   Upon receipt of an application for a special use permit, the zoning official shall review the application for completeness. If the application is found to be complete, the zoning official shall issue a dated receipt of acceptance to the applicant and schedule consideration of the application by the planning commission. If the application is found to be incomplete, the zoning official shall return the application to the applicant with a written description of what additional information is required.

      b.   The planning commission reserves the right to find that an application is incomplete. An application which is found to be incomplete shall be returned to the applicant with a written description of what additional information is required and the previously issued receipt of acceptance shall be considered void.

   (4)   Time frame.

      a.   Acceptance of application. The zoning official shall issue a receipt of acceptance or return the application as incomplete within ten business days after submission.

      b.   Meeting date. The planning commission shall hold a public hearing on the application within 45 days of the date of the receipt of acceptance by the zoning official.

   (5)   Notice for review. The zoning official shall notify the agencies and individuals identified in section 94-394(d), or other agencies or individuals, of receipt of the special use application as deemed appropriate by the zoning official or the planning commission.

   (6)   Written comments. Any person may present any petition or document supporting a position for or against an application. All documents shall be submitted to the zoning official no later than 4:00 p.m. the day of the public hearing at which the application will be considered. Documents so submitted will be provided to the planning commission at the public hearing.

   (7)   Project start. Until a special use permit has been issued for any use requiring the same in this chapter, and until a proper building permit has been granted pursuant to the special use permit, there shall be no construction or excavation on said land, nor shall there be made any use of land related to the request for the special use permit.

(c)   Public hearing. After accepting an application for a special use permit as complete, the planning commission shall hold a public hearing on the special use request and the preliminary site plan. Notice of the public hearing shall be pursuant to section 94-101.

(d)   Review and decision. The planning commission may approve, approve with conditions, or deny an application for special use permit. The review of a special use permit application and the associated site plan shall be made by the planning commission in accordance with the procedures and standards specified in this chapter.

   (1)   An application for special use permit and the associated preliminary site plan shall be approved if both are found to be in compliance with the requirements of this chapter, and other applicable local, county, state, or federal laws, rules or regulations. The planning commission may defer a decision in order to obtain that information deemed necessary to making an informed decision.

   (2)   The applicant may make changes to the application and site plan in order to achieve compliance with this chapter. Such changes shall be noted on the application or site plan or the planning commission may require that these documents be resubmitted incorporating said changes.

   (3)   Approval and issuance of a special use permit shall signify concurrent approval of the application and preliminary site plan, therefore any subsequent authorized modification to the site plan shall become part of the special use permit and shall be enforceable as such.

   (4)   The decision to approve or deny a request for a special use permit shall be retained as a part of the record of action on the request and shall incorporate a statement of conclusions which specifies the basis for the decision, any changes to the originally submitted application and site plan necessary to insure compliance with the chapter, and any conditions imposed with approval.

   (5)   Once a special use permit is issued, all site development and use of land on the property affected shall be consistent with the approved special use permit unless a change conforming to chapter requirements is approved by the planning commission.

   (6)   The concurring vote of a majority of the members appointed to and serving on the planning commission shall be necessary to approve a special use permit.

   (7)   The planning commission shall defer all proceedings on an application for a special use permit upon the request of the applicant when less than eight members of the planning commission are present for consideration of and voting on said special use. The right of deferment shall be considered waived by the applicant if deferment is not requested immediately upon the opening of the hearing conducted pursuant to section 94-191(c). When deferment is requested as required, the planning commission shall, at that time, determine the date of a future regular or special meeting for the continuation of the hearing and consideration of the matter. Notice previously given for the original hearing date shall constitute notice of the future hearing date with no further notice required.

(e)   Required site plan review. A preliminary site plan must be submitted with the application for a special use permit. After approval and before issuance of a building permit or certificate of occupancy, a final site plan shall be submitted for review by the zoning official. The zoning official may request review by the planning commission of the final site plan. The site plan review shall be in conformance with division 1 of article VII of this chapter.

(f)   Basis of determination. Before approving a special use permit, the planning commission shall find by clear and convincing proof that the applicable standards set forth by this chapter shall be satisfied by the completion and operation of the proposed development. The planning commission shall review the particular circumstances and facts of each proposed use in terms of these standards and shall make written findings showing that such use shall:

   (1)   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 adjacent property or the zoning district in which it is proposed.

   (2)   Not be hazardous or disturbing to uses in the same general vicinity and will be a substantial improvement to property in the immediate vicinity and to the community as a whole.

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

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

   (5)   Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any person, property, or the general welfare by noise, fumes, glare, or odors.

   (6)   Not be located such that it will directly or indirectly have a substantial adverse impact on the natural resources of this city.

   (7)   Be in compliance with other applicable local, county, state, or federal rules and regulations.

(g)   Conditions. The planning commission may impose such reasonable conditions upon the approval of a special use permit as are deemed necessary to protect the general welfare, protect individual property rights, and insure that the intent and objectives of this chapter will be satisfied.

   (1)   The conditions may include those necessary to insure that public services and facilities affected by a proposed use will be capable of accommodating the increased service and facility loads caused by the use.

   (2)   The conditions may include those necessary to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses, and to promote the use of land in a socially and economically desirable manner.

   (3)   The conditions shall be designed to protect natural resources, the public health, safety, and welfare, as well as the social and economic well-being of those who will use the land or engage in the activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

   (4)   The planning commission may require a performance guarantee in accordance with section 94-100 of this chapter.

   (5)   The special use permit may be limited for a specified period of time only where the subject use has some naturally limiting factor.

   (6)   The conditions may include that a specified percentage of the authorized construction and/or development be completed within a specified period of time. Failure to meet this requirement shall invalidate special use authorization for only that portion of the project not developed as required.

(h)   Effective date of special use permit. The special use permit shall become effective when the application has been approved by the planning commission.

   (1)   A building permit shall not be issued until approval of such special use permit by the planning commission.

   (2)   Land subject to a special use permit may not be used or occupied for purposes of such special use until after a certificate of occupancy for same has been issued pursuant to this chapter.

(i)   Transfer and expiration of special use permit. The city shall notify the applicant, in writing mailed to the address listed on the application, that a special use permit has become invalid.

   (1)   A special use permit shall be valid for as long as the permitted use continues in accordance with the terms stated therein unless otherwise stated in the special use permit. If the use permitted by the special use permit is not established in compliance with the terms of the special use permit within 12 months from the date of its issuance, then the special use permit shall automatically expire and be of no further effect or validity. This period of time may be extended by the planning commission for good cause for an additional six months.

   (2)   Approval of a special use permit shall be valid regardless of change of ownership provided that all terms and conditions of the permit are met by subsequent owner.

   (3)   If the use permitted under the special use permit ceases or is vacated for 12 months, the special use permit shall automatically expire and be of no further effect or validity.

(j)   Re-application. No application for a special use permit which has been denied, wholly or in part, shall be resubmitted until the expiration of one year from the date of such denial except on the grounds of newly discovered evidence or proof of changed conditions, as determined by the planning commission.

(k)   Compliance with requirements. It shall be the duty and obligation of the owner and operator of the property to at all times be in compliance with the use requirements of this chapter and the stipulations of the special use permit under which their particular use is governed. Failure thereof shall be a violation of this chapter and may subject the owner and/or operator to the penalties and remedies provided in article III of this chapter and the continuance thereof is hereby declared to be a nuisance per se.

(l)   Special use deemed a conforming permitted use. Any use for which a special use permit has been granted shall be deemed a conforming permitted use provided that the proposed use is subsequently built, operated, and maintained in compliance with this chapter, including conditions approved as part of the special use permit.

(Ord. No. 152, 5-1-2006)

Special land uses listed in this section shall satisfy the supplementary standards found in this section in addition to the general standards found in section 94-191U The following are the listed special uses subject to this section:

         1.   All uses permitted by right in the district in which the PRD is proposed.

         2.   Any additional uses which can be shown to be compatible with the general objectives of the Master Plan as well as integral to the specific PRD scheme in which they are contained. For the purpose of this section, an integral use shall be defined as a use which has a specific functional relationship with other uses contained in the development, such as a day care center which serves primarily the needs of residents of the development.

         1.   Any deviation from applicable standards affecting density shall not result in an increase in density in excess of 30% of the density allowed in the district in which the PRD is proposed.

         2.   Except where a deviation is granted, mixed uses shall comply with the regulations applicable for each individual use, including applicable standards for special uses contained in Article VI of this chapter. If regulations are inconsistent with each other, the regulations applicable to the most dominant use shall apply.

         3.   Deviation from development standards may be authorized only upon a finding by the planning commission that said deviation will encourage creative design including the enhancement of open space and the protection of natural features, and that there are adequate features or planning mechanisms designed into the project to achieve the objectives intended to be accomplished with respect to each of the standards from which a deviation is sought.

      a.   Site size of 20,000 square feet with a minimum width of 150 feet of frontage on a major street.

      b.   Buildings shall be set back 50 feet from all street right-of-way lines and shall not be less than 25 feet from a property line of a residentially used lot. Structures, except signs and buildings, shall be no closer than 15 feet to the street right-of-way line.

      c.   All activities connected with auto service, except sale of gasoline and associated products, shall be carried on within the building. Outdoor storage of wrecked or partially dismantled vehicles is prohibited.

      d.   No more than two driveway approaches shall be permitted directly from any major street nor more than one drive approach from any minor street, each of which shall not exceed 30 feet in width at the property line. If the property fronts on two or more streets, the driveway shall be located as far from the street intersection as practicable, but not less than 30 feet measured from the intersecting corner lot lines. All parking areas shall be constructed from hard-surface materials together with curb, gutter, and sidewalks as exist in the area.

      e.   An opaque fence or wall six feet in height shall be erected along all property lines abutting residentially used lots.

      f.   Lighting shall be deflected away from adjacent residential properties.

      a.   No junk or salvage operation shall be located on the same lot as a residential use.

      b.   All junk or salvage material shall be stored in a building constructed specifically for that purpose, provided however, that junk automobiles, farm machinery, or recreational vehicles, and parts thereof, stored for the purpose of dismantling may be stored on an outdoor lot. Such a lot shall have an opaque fence or wall eight feet in height which encloses the view of said dismantled automobiles from any public road or street and from adjoining residential and commercial properties. Outdoor storage shall be completely within the enclosed area and shall not exceed the height of the fence.

      c.   Junk and salvage yards adjacent to a residential or agricultural zone shall be set back from the property line 100 feet with an intervening greenbelt. The planning commission may reduce the setback requirements of this provision where, by reason of natural or artificial barriers, topographic conditions, the use of natural screening, or the nature of operations, a lesser setback would substantially meet the purpose and intent of this chapter.

      d.   No open burning shall be permitted and all industrial processes involving the use of cutting, compression, or packaging shall be conducted within a completely enclosed building.

      e.   Signs are permitted only as they apply to the junk or salvage business.

      f.   No materials, trash, or garbage causing offensive odors or unsanitary conditions shall be stored on the premises.

      a.   A fence, adequate to protect trespassing children, and at least six feet in height shall be placed around the entire periphery of the property and no closer than 50 feet to the top of any slope.

      b.   No slope shall exceed an angle with the horizontal of 45 degrees.

      c.   The planning commission shall establish truck traffic haul routes where necessary to minimize traffic hazards and road damage to and from the site.

      d.   Depleted or abandoned areas shall be rehabilitated progressively to a condition entirely lacking in hazards, inconspicuous and blended with the surrounding ground topography. A site reclamation plan must be submitted and approved by the planning commission prior to the granting of a special use permit.

      e.   All slopes, banks, pits and denuded areas shall be reasonably graded, filled and treated to prevent erosion.

      f.   All material used for landfill shall be reasonably leveled, covered and graded and no refuse shall be dumped at any location, which might imperil the city water supply or endanger persons or property.

      g.   A performance guarantee in accordance with section 94-100 of this chapter may be required to assure compliance with these requirements.

         1.   All areas accessible to vehicles or pedestrians shall be clearly illuminated, adequately graded and paved, clearly marked and maintained, and adequately drained.

         2.   Automobile circulation design shall provide access to and from the parking areas without backing-up or interfering with traffic onto or from an external street under normal anticipated traffic conditions and, where deemed necessary, the front yard setback requirement may be increased to insure against such congestion and/or to provide for safe ingress and egress. A determination shall be made by the planning commission that the external access street to the shopping center shall be fully capable of absorbing the maximum hourly traffic generated by the center without undue interference to other traffic and pedestrians in the area.

         3.   All ingress and egress approaches from the external street shall have adequate acceleration and deceleration lanes.

         4.   Design of the site shall consider pedestrian protection by providing site access sidewalks and internal walkways separated from the traffic circulation and parking bays. Such pedestrian walkways shall be a minimum of five-feet wide.

      a.   Any temporary use of public streets or public property shall be permitted only by the prior approval of the city council, and the council shall, where deemed necessary for the protection of the public interest, require an adequate personal injury and property damage liability policy indemnifying the city against any claim, suit or loss occasioned by the use of city streets or public property.

      b.   Any license issued shall be carried by the owner in charge of the activities or posted on the property by the licensee and shall be available for inspection by a police officer at all times.

      a.   Meals shall only be served to residents, the guests of residents, employees, family members and overnight guests. There shall be no food preparation in any guest sleeping room. Restaurant type operation is prohibited.

      b.   Accessory retail or service uses to a bed and breakfast establishment shall be prohibited including gift shops, antique shops, restaurants, and bakeries.

      c.   Each premises must be occupied and operated by its owner. The dwelling unit in which the bed and breakfast operations take place shall be the principal residence of the operator, who shall live on the premises while the operation is active. The living area for the owner/operator may be separated from the guest rooms. No more than six transient/guest rooms shall be provided.

      d.   Only one sign shall be allowed for identification purposes only. Such sign shall be nonilluminated and unanimated, be mounted flat against the wall of the principal building or freestanding, and not exceed four square feet in area. The planning commission, in its sole discretion, shall approve the indirect lighting of any sign on the site.

      e.   Exterior solid waste facilities beyond what might normally be expected for a single-family dwelling shall be prohibited.

      f.   Additions or modifications to a structure for the purpose of accommodating additional guests shall be allowed only if such additions or modifications maintain the character of the buildings on, and within the neighborhood of, the property operating a bed and breakfast. Physical modifications to the structure may be permitted including the provision of barrier free access in order to meet building code requirements.

      g.   Meals for bed and breakfast patrons shall be prepared using the same kitchen facilities as are used for the residents. Kitchen facilities shall comply with all appropriate city, county and state regulations.

      h.   One off-street parking space per room to be rented shall be provided, in addition to the parking required for a single-family dwelling. Parking shall be arranged so as not to pose negative impacts on adjacent properties or necessitate on-street parking.

      i.   All sleeping rooms in the bed and breakfast shall be provided in accordance with the Michigan Residential Code promulgated pursuant to MCL 125.1504 and the additional requirements of MCL 125.1504b.

      j.   Every bed and breakfast bedroom shall contain a functional smoke detector, and an approved fire extinguisher shall be located on each floor on which such sleeping rooms are located.

      k.   Bed and breakfast bedrooms shall be a minimum of 120 square feet for the first two occupants and an additional 30 square feet for each additional occupant in that bedroom.

      l.   One-bathroom group for every three sleeping rooms shall be provided, with a minimum of two bathrooms for the exclusive use of bed and breakfast guests.

      m.   The stay of bed and breakfast occupants shall be no more than 14 consecutive days and not more than 30 days in any one calendar year.

      n.   The operator of each facility shall keep a list of the names of all persons staying at the bed and breakfast, which list shall be available for inspection by the zoning official.

      o.   The bed and breakfast use shall not cause a nuisance to adjoining residences due to noise, odor, lighting, or traffic.

      p.   All dimensional requirements and setbacks shall be maintained for the district in which the bed and breakfast is located. No unique or special equipment or mechanical devises shall be permitted that are not common for single-family dwelling use.

      a.   Institutional uses include the following:

         1.   Institutions for human care including hospitals, sanitariums, day care, nursing or convalescent homes, homes for the aged, and philanthropic institutions, but not institutions for substance abuse patients or correctional institutions.

         2.   Religious uses including churches, or similar places of worship, convents, parsonages, parish houses and other houses for clergy.

         3.   Education and social uses including public and private schools, auditoriums and other places of assembly, centers for social activities, lodges, fraternities, and sororities.

         4.   Public buildings and public service uses including publicly owned and operated buildings, public utility buildings and structures, transformer stations and substations, gas regulator stations, radio, television, and microwave towers.

         5.   Recreation uses including parks, playgrounds, ball fields, public swimming pools, stadiums, community centers, and country clubs.

         1.   An institutional use shall preferably be located at the edge of a residential district, or abutting a business or industrial district or public open space.

         2.   All means shall be utilized to face an institutional use on a major street with motor vehicle egress and ingress thereon to avoid the impact of traffic generated by the institutional use in the surrounding area.

         3.   An institutional use shall preferably be located on a site that offers natural or manmade barriers that will lessen the effect of the institutional use on the surrounding area.

         4.   A proposed institutional use shall not require costly or uneconomical extensions of public services inconsistent with the growth of the district.

         4.   Adequate ingress and egress from major street approaches shall be available through appropriate deceleration and acceleration and turning lanes as determined by the city Traffic Engineer.

         1.   One paved parking space for each employee on the largest shift of the facility and each owner and trainer.

         2.   One paved parking space per 50 square feet of usable floor area in any area where food or beverage is sold.

         3.   One paved parking space per 100 square feet of usable floor area for all betting areas or viewing areas where seats are not provided.

         4.   One paved parking area suitable to accommodate parking of one truck and horse trailer for each horse entered on the daily racing card.

      a.   Sales and service shall be limited to 15% of the gross floor area of the individual business unit.

      b.   Outdoor retail sales and service hours shall not exceed 8:00 a.m. to 8:00 p.m. Monday through Saturday and 10:00 a.m. to 4:00 p.m. Sunday.

      c.   All merchandise shall be removed from the outdoor sales area and placed within a fully enclosed building during non-business hours.

      d.   Permanent outdoor display areas may be allowed provided they are fully screened from view on all sides at all times of year.

   (11)   Short term rentals for legal dwelling units are permitted in the C1 Central Business District. No more than six adults per bathroom may occupy a unit. No more than two adults per bed. One annual city parking permit per unit is required if no onsite parking is provided.

(Ord. No. 152, 5-1-2006; Ord. No. 156, 9-5-2006; Ord. No. 227, 10-7-2019; Ord. No. 239, 11-9-2022)

Appeals from decisions of the planning commission in cases involving the granting or denial of any special use permit which is required pursuant to this chapter shall be filed with the city clerk, along with a fee as established by resolution of the city council, and shall be decided by the city council.

   (1)   Standing to appeal. An appeal from any decision of the planning commission involving a special use permit may be filed only by the following persons, hereinafter referred to as appellants:

      a.   The zoning official.

      b.   The applicant for the special use permit.

      c.   An owner or occupant of real property within 300 feet of the premises in question.

      d.   A person who has suffered or may suffer a substantial damage which is not common to other property owners or residents of the city at large, provided such an appeal by a non-abutting property owner or occupant shall state sufficient facts indicating special damages to confer standing as determined at the sole discretion of the city council.

   (2)   Time for appeal. All appeals under this section must be filed in writing with the city clerk within 21 days following the issuance of the written decision of the planning commission.

   (3)   Contents of the letter of appeal. The letter of appeal shall specify the reasons for appeal and which of the general standards and specific criteria of this chapter the planning commission is alleged to have incorrectly applied. The appeal review shall be limited to those issues stated in said appeal.

   (4)   Appeal review. The city clerk shall forward a letter of appeal for review by the city council at a regular meeting within 21 days of filing. The city council shall first take action verifying the standing to appeal of the appellant. If the appellant is found to have standing, the council shall then take action to schedule the appeal for consideration at a subsequent regular or special meeting not less than seven days from taking said action.

   (5)   Notice. Notice of the city council meeting for consideration of the appeal shall be given in accordance with section 94-101.

   (6)   Scope of review.

      a.   The appeal shall be considered by the city council solely on the written record unless the appellant specifically requests oral argument in the letter of appeal, in which case the council shall consider any relevant information presented in oral argument. The written record shall include the letter of appeal, the minutes of public hearings and informational hearings conducted by the planning commission, the applications, site plans, and any other documentation presented to the planning commission prior to its decision, written staff reports and recommendations considered by the commission, written comments and documentation presented to the planning commission, and written responses to any questions posed by the city council to any person prior to its decision.

      b.   If oral argument is requested, the city council shall allow only those persons with standing to appeal, as defined in section 94-193(1), to speak on the appeal. Any person allowed to speak on the appeal shall limit their comments to the specific information addressed in the letter of appeal.

      c.   The city council shall reverse or modify a decision of the planning commission only if substantial rights of the appellant have been prejudiced by a decision found to be any of the following:

         1.   In violation of this chapter or the state Zoning Enabling Act.

         2.   In excess of the authority granted to the commission by this chapter.

         3.   Made upon unlawful procedure.

         4.   Not supported by competent, material and substantial evidence on the record as a whole.

         5.   A clearly unwarranted or unreasonable exercise of discretion, or an arbitrary or capricious abuse of discretion.

   (7)   Decision. The city council may affirm, reverse, modify, or remand a decision of the planning commission. The city council shall render its decision on appeal within 60 days of receipt of the appeal as provided in subsection 94-193(4) of this chapter, except that if a decision is remanded to the commission for a supplemental record, the council shall render its decision within 60 days of receipt of the supplemental record.

      a.   The city council may remand appeals to the planning commission for the making of a supplemental record on designated issues or for reconsideration by the planning commission. In the event that the planning commission reconsiders a decision on remand, the reconsidered decision may be appealed in the same manner as the original decision.

      b.   When action is taken to modify a decision of the planning commission the city council shall, to that end, have all of the powers of the planning commission.

   (8)   Form of decision. If the city council takes no action to reverse or modify a decision of the planning commission within 60 days of receipt of the record or supplemental record, the decision of the planning commission shall become final. Decision by the council to reverse or modify a decision of the planning commission shall state in writing which of the provisions of subsection 94-193(6)c. have been violated and shall contain a concise statement of the relevant provisions of the record and reasons in support of its decision. After considering the appeal, the council may designate one of its members to prepare a written proposal for decision to reverse or modify in which case the written decision shall be approved and issued within 30 days thereafter.

   (9)   Stay. An appeal to the city council shall stay the exercise of all rights and proceedings under the challenged special use permit. The council may modify a stay pending its final decision if necessary to protect against imminent peril to life or property.

(Ord. No. 152, 5-1-2006)