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Menominee City Zoning Code

ARTICLE VI

SPECIAL PERMITS AND SPECIAL PERMIT USES9

Footnotes:
--- (9) ---

State Law reference— Special land uses, MCL 125.3202.


Sec. 109-361. - Intent and purpose.

(a)

Rather than permitting all of the many and varied land use activities within individual and limited zoning districts, it is the intent of this article 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 section 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. Land and structure uses possessing these characteristics may be authorized within certain zone districts by the issuance of a special use permit. By such a procedure, the City planning commission has the opportunity to impose conditions and safeguards upon each use which are deemed necessary for the protection of the public welfare.

(b)

The provisions of this article and other provisions found in 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.

(Code 1979, § 11:1.702)

Sec. 109-362. - Compliance.

It shall be the duty and obligation of the owner or operator, if such is under a management arrangement, 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 in violation of this article and the continuance thereof is hereby declared to be a nuisance per se.

(Code 1979, § 11:1.710)

Sec. 109-363. - Specific requirements.

The general standards and regulations of this article are basic to all uses authorized by special use permit. The specific and detailed regulations set forth or referred to hereafter in other specified sections of this chapter relate to particular uses and are hereafter requirements which must be met by those uses, in addition to the aforementioned general standards and regulations.

(Code 1979, § 11:1.712)

Sec. 109-364. - Special uses that may be permitted.

The following uses may be permitted within the districts cited, contingent on the issuance of a special use permit and compliance with the other provisions of this chapter:

Use Districts Permitted
Nursing homes R-3
Adult foster care small and large homes R-3
Religious institutions R-1, R-2, R-3, R-4, D-1, C-1, C-2(H)
Private educational institutions R-1, R-2, R-3, R-4, D-1, C-1, C-2, PL
Bed and breakfasts R-1, R-2, R-3, R-4, D-1, C-1, C-2(H)
Campgrounds and RV parks R-3, R-4, C-1, C-2, PL
Emergency shelter R-3, C-1, C-2, D-1
Transitional housing R-3, C-1, C-2, D-1
Public recreation and playground areas R-1, R-2, R-3, R-4, C-1, C-2(H), PL
Golf courses R-1, R-2, R-3, R-4, D-1, PL
Chemical processing plants M-1, M-2
Drop forging, punch pressing and plating operations M-1, M-2
Dry bulk blending plant and/or handling of liquid nitrogen fertilizer and anhydrous ammonia M-1, M-2
Refineries and power generation M-1, M-2
Pulp mills M-1, M-2
Sawmills M-1
Portable asphalt plant M-1, M-2
Hotels and motels D-1
Junkyards M-1
Fast food establishments with drive-through D-1, C-1, C-2
Public buildings (local, state, federal buildings) R-1, R-2, R-3, R-4, C-1, C-2(h), PL
Indoor theaters D-1, C-1, C-2
Building materials, farm implements or garden supplies for retail sales (with outdoor storage) D-1, C-1, C-2
Heavy construction contractor establishments M-1
Grain and seed elevator M-1, M-2
Commercial freestanding tower D-1, C-1, C-2, M-1, M-2
Shopping centers/malls D-1, C-1, C-2
Pool halls, video arcades, bowling alleys, dance halls, etc. D-1
Multiple-family dwellings D-1, R-2, R-4, C-1, C-2
Veterinary hospital D-1
Publishing houses D-1
Truck and rail terminals D-1, C-1, M-1, M-2
Warehousing D-1, C-1, M-1, M-2
Passenger ferry terminal M-1
Uses determined by the planning commission to be compatible with the purpose and intent of the district. PL

 

(Code 1979, § 11:1.720; Ord. of 2-2-2015)

Sec. 109-387. - Permit procedures.

An application for a special use permit for any land or structure use permitted under this section shall be submitted and processed under the following procedures:

(1)

Submission of application. An application shall be submitted through the code enforcement officer or his agent for consideration to the planning commission on a form provided by the code enforcement office not less than 30 days before any regular meeting of the planning commission. The application shall be accompanied by payment of the fee as established by the City Council to cover costs of processing the application. No part of any fee shall be refundable.

(2)

Required information. One copy of an application for a special use permit shall be presented to the code enforcement officer or his agent and accompanied by the following documents and information. A site plan, drawn to a readable scale, of the property involved and adjacent property which describes:

a.

All property boundaries and dimensions thereof;

b.

The location and use of all existing and proposed structures;

c.

The location of all existing and proposed structures, driveways, utilities and other improvements to be constructed as a part of the project;

d.

The current zoning classifications on the subject property and all adjacent property;

e.

The location of any waterbody or floodplain within 500 feet of the subject property; and

f.

The site plan shall include the name of the applicant, the scale used, a north arrow, the date prepared and the name and address of the preparer if other than the applicant.

(3)

Incomplete applications.

a.

An application made without full compliance with this article shall be returned to the applicant.

b.

An application which is incomplete shall not constitute submission so as to commence the running of time for processing the application.

c.

An application complying with the provisions of this article shall be scheduled for public hearing by the planning commission.

(4)

Others having interest. Any person having an interest in any application may present any petition or document supporting his position for or against such application.

a.

All documents shall be submitted to the code enforcement officer or his agent no later than five days before the hearing at which the application will be considered.

b.

It shall be incumbent upon the applicant to furnish adequate evidence in support of the proposed use complying with the provisions of this article. It shall be the obligation of the applicant to furnish sufficient evidence or proof of present and future compliance with the provisions of the article.

c.

Until a special use permit has been issued for any use requiring the same in this article and until a 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.

(Code 1979, § 11:1.703)

Sec. 109-388. - Public hearing.

(a)

After a preliminary review of the site plan and an application for a special use permit by the code enforcement officer, the City planning commission shall hold a hearing on the site plan and special use request. Notice of the hearing shall be given, by mail or personal delivery, to the owners of property for which special use permit approval is being considered, and to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet. Notice of the public hearing shall also be published in a newspaper of general distribution in the City. Public notice shall be given not less than 15 days before the date of the public hearing on the application in accordance with the Michigan Zoning Enabling Act (MCL 125.3101 et seq.). If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct special areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

(b)

Each notice given under this section shall:

(1)

Describe the nature of the special use request;

(2)

Indicate the property, including the address or addresses if one or more addresses exist which is the subject of the special use request;

(3)

State when, where and at what time the public hearing on the special use request will be considered;

(4)

Indicate when and where written comments will be received concerning the request; and

(5)

Contain a request to the owner to provide a copy of the notice to the occupant or occupants of the property or structure if the occupant is other than the owner.

(Code 1979, § 11:1.704)

Sec. 109-389. - Review and approval.

(a)

The review of an application and site plan requesting a special use permit shall be made by the City planning commission in accord with the procedures and standards specified in this article. If a submitted application and site plan do not meet the requirements of this article, they may not be approved. However, if the applicant agrees to make changes to the site plan and application in order to bring them into compliance with this article, such changes shall be allowed and shall be either noted on the application or site plan itself, attached to it, or the documents shall be resubmitted incorporating said changes. A site plan and application for a special use permit shall be approved if they comply in all respects with the requirements of this article and other applicable City ordinances, and state or federal laws, rules or regulations. Approval and issuance of a special use permit shall signify prior approval of the application and site plan; therefore, any modification shall become part of the special use permit and shall be enforceable as such. 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 ensure compliance with this ordinance and any conditions imposed with approval. 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 this article requirements receives the mutual agreement of the landowner and the City planning commission and is documented as such.

(b)

Oral proceedings at the public hearing and review and approval or denial by the planning commission shall be recorded, but need not be transcribed unless requested by a party who shall pay for the transcription of the portion requested except as otherwise provided by law.

(Code 1979, § 11:1.705)

Sec. 109-390. - Basis of determination.

Before denying or granting approval of a request for a special land use permit, the City planning commission shall ensure that the standards specified in this section, as well as applicable standards established elsewhere in this article, shall be satisfied by the completion and operation of the special land use under consideration.

(1)

General standards. The City planning commission shall review the particular circumstances of the special land use under consideration in terms of the following standards, and shall grant the issuance of the special land use permit only upon a finding of compliance with each of the following standards, as well as applicable standards elsewhere in this article:

a.

The proposed use, activities, processes, materials, equipment and conditions of operation will not be detrimental to the public welfare, persons or property by reason of excessive noise, fumes, dust, glare, traffic or objectionable odors.

b.

Essential public facilities and services such as roads, fire and police protection, drainage facilities, refuse disposal, schools are adequate for the proposed use or are capable of being adequately provided.

c.

Requirements for additional public services and facilities which will be created by the proposed use will not be detrimental to the economic welfare of the City.

d.

All standards set forth in this zoning chapter will be complied with.

e.

All administrative requirements pertaining to the issuance of the special land use permit have or will be complied with.

f.

The proposed use, activities, processes, materials and equipment and conditions of operations shall be consistent with the City general plan.

g.

Where feasible, the proposed activity shall not be located such that it will directly or indirectly have a substantial adverse impact on the natural resources of the City. Specifically, wetlands waterways and waterbodies protected by part 303 of the Natural Resources and Environmental Protection Act (MCL 324.30301 et seq.), part 91 of the Natural Resources and Environmental Protection Act (MCL 324.9301 et seq.), part 325 of the Natural Resources and Environmental Protection Act (MCL 324.32501 et seq.), part 323 of the Natural Resources and Environmental Protection Act (MCL 324.32301 et seq.), the United States River and Harbor of 1899, part 451 of the Natural Resources and Environmental Protection Act (MCL 324.45101 et seq.) and other applicable land and water related laws in the state.

(2)

Conditions.

a.

The City planning commission may grant approval, approval with conditions or disapproval of a special land use application in accordance with the requirements of the Michigan Zoning Enabling Act (MCL 125.3101 et seq.). If the planning commission grants approval with conditions, the planning commission shall have the authority to require conditions necessary to ensure compliance with the standards contained in this or other applicable City ordinances and regulations. Such conditions shall be enforced by the City's code enforcement officer.

b.

The conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner.

(3)

Performance guarantee. In reviewing a special use permit, the City planning commission may require that a cash deposit, certified check, irrevocable bank letter of credit or surety bond be furnished by the developer to insure compliance with an approved site plan and the special use permit requirements. Such guarantees shall be deposited with the City clerk/treasurer at the time of the issuance of the special use permit. In fixing the amount of such performance guarantee, the City planning commission shall limit it to reasonable improvements required to meet the standards of this article and to protect the natural resources or the health, safety and welfare of the residents of the City and future users or inhabitants of the proposed project or project area including, but not limited to streets, lighting, utilities, sidewalks, screening and drainage. The term "improvements," as used in this section, does not include the entire project which is the subject of zoning approval nor to improvements for which a performance guarantee has been deposited pursuant to other applicable public acts. The City planning commission and the project developer shall establish an agreeable procedure for the rebate of any cash deposits required under this section, in reasonable proportion to the ratio of work completed on the required improvements as work progresses. Said agreement shall be written as an element of the conditions surrounding the approval of the special use permit.

(4)

A marihuana grower establishment, marihuana grower facility, marihuana processor establishment, marihuana processor facility, marihuana provisioning center, marihuana retailer, marihuana secure transporter establishment, marihuana secure transporter facility, marihuana safety compliance facility establishment, and marihuana safety compliance facility, in accordance with the provisions of state law and applicable City ordinance, may be permitted through the issuance of a special use permit pursuant to this section in a district where such facility is allowed as a special land use, provided that:

a.

At the time of the application for a special use permit the applicant must have submitted a completed application to the City for a medical marihuana facility license under the City's medical marihuana facilities ordinance or for a license under the City's marihuana establishments ordinance and have paid the required application fee in full, must have provided proof that the applicant has applied for and received prequalification from the State of Michigan for a state operating license under either the Michigan Medical Marihuana Facilities Licensing Act or the Michigan Regulation and Taxation of Marihuana Act, and must be at all times in compliance with the laws of the state, applicable City ordinance, and all applicable rules promulgated by the state.

b.

The marihuana facility or marihuana establishment must be licensed by the City and by the state prior to commencing operation, and must be at all times in compliance with the laws of the state, applicable City ordinance, and all applicable rules promulgated by the state.

c.

The City may suspend or revoke a special use permit based on a finding that the provisions of the special use standards in this section, all other applicable provisions of this zoning ordinance, the City's medical marihuana facilities ordinance, the City's marihuana establishments ordinance, or the terms of the special use permit and approved site plan are not met.

d.

A marihuana facility, marihuana establishment, or activities associated with the licensed growing, processing, testing, transporting, or sale of marihuana, may not be permitted as a home business or accessory use, nor may they include accessory uses except as otherwise provided in this chapter.

(Code 1979, § 11:1.706; Ord. of 8-21-2023(2); Ord. of 10-18-2024)

Sec. 109-391. - Effective date of special use permit.

(a)

Within 21 days of the approval of an application by the planning commission, the code enforcement officer shall transmit to the applicant a written permit stating the following:

(1)

The date of approval of the application.

(2)

A clear statement of any conditions attached to the approval by the planning commission.

(3)

The terms of any performance guarantee imposed by the planning commission.

(4)

The conditions governing the transfer or the permit.

(5)

The terms governing the expiration of the permit.

The applicant shall signify acceptance of the terms of the permit as provided for on the form, a copy of which shall be returned to the City clerk/treasurer along with any performance guarantee required. The special use permit shall become effective on receipt of form by the City clerk/treasurer.

(b)

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

(c)

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 section 109-65.

(Code 1979, § 11:1.707)

Sec. 109-392. - Transfer and/or expiration of special use permit.

(a)

Transfer of special use permit. In order to ensure continued compliance with the terms of this article and a special use permit issued under it, each special use permit shall specify reasonable terms for transfer of a valid special use permit from the present landowner or operator to a subsequent owner or operator. The responsibility for said transfer in accord with the terms of the special use permit shall be that of the permit holder of record with the City. Failure of a special use permit holder to properly transfer a special use permit shall not release the permit holder of record from ordinance penalties for any subsequent action undertaken on the land in violation of the terms of the special use permit. Transfer of a special use permit shall be made on a form supplied by the code enforcement officer for that purpose. Proper completion of the form shall require documentation of assumption by the new owner of an interest in the land/operation in question and a written agreement that the new owner/operator will assume the obligations and responsibilities specified in the special use permit, including deposit of a bond or other performance guarantee when so required by the special use permit. When such transfer has been properly completed and any bond or other performance guarantee deposited properly with the City by the new permit holder, any bond or performance guarantee on deposit with the City by the previous permit holder shall be returned in accord with the terms of this article.

(b)

Expiration of special use permit. 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 there is not compliance with the terms of the special use permit within six months from the date of its issuance, then it shall automatically expire and be of no further effect or validity.

(1)

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.

(2)

The code enforcement officer is authorized to notify the applicant, in writing and mailed to the address listed on the application, that such special use permit has expired. Failure to receive a written notice from the code enforcement officer does not affect the expiration date.

(Code 1979, § 11:1.708)

Sec. 109-393. - Reapplication.

No application for a special use permit which has been denied, wholly or in part, by the planning commission, 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.

(Code 1979, § 11:1.709)

Sec. 109-394. - Effect.

Any use for which a special use permit has been granted shall be deemed a conforming use permitted in the district in which such use is located provided:

(1)

Such permit was issued in conformity with the provisions of this article;

(2)

Such permit shall be deemed to affect only the lot or portion thereof and uses thereupon for which the special use permit shall have been explicitly granted; and

(3)

Such permit authorizes a use which is subsequently built, operated and maintained to compliance with this article, the special use permit and all conditions established with its approval.

(Code 1979, § 11:1.711)

Sec. 109-417. - Compliance.

A special use permit shall not be issued for the occupancy of a structure or parcel of land, except upon compliance with the provisions of this division.

(Code 1979, § 11:1.730)

Sec. 109-418. - Nursing homes, adult foster small and large group care homes.

The following provisions apply to nursing homes, adult foster small and large group care homes:

(1)

Site shall be adjacent to and served by a principal collector as identified in the City general plan.

(2)

Site shall be a minimum of one acre.

(3)

No building shall be closer than 50 feet to any property or street right-of-way line.

(4)

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

(5)

Ambulance and delivery areas shall be obscured from view by a solid wall six feet in height. Access to and from the delivery and ambulance area shall be directly from a street.

(Code 1979, § 11:1.732)

Sec. 109-419. - Religious institutions.

The following provisions apply to religious institutions:

(1)

The proposed site shall be at least one acre in size plus one half acre per 100 seats in the main auditorium.

(2)

The proposed site shall be so located as to have at least one property line on either a principal or secondary collector street.

(3)

No building shall be erected to a height greater than that permitted in the district in which it is located, unless the building is set back an additional one foot for each foot of additional height above the district height limitation.

(Code 1979, § 11:1.733)

Sec. 109-420. - Educational institutions.

The following provisions apply to educational institutions:

(1)

The proposed site shall be at least one acre in area.

(2)

No building shall be closer than 30 feet to any property or street line. No building shall be erected to a height greater than that permitted in the district in which it is located unless the building is set back an additional foot for each foot of height above the district limitations.

(3)

All buildings shall be of an appearance that shall be harmonious and unified as a group.

(4)

No more than 50 percent of the gross site area shall be covered by buildings.

(5)

All signs shall be in compliance with this division.

(6)

Off-street parking shall be in compliance with the provisions of article VIII of this chapter. No parking shall be allowed in the minimum front yard and the parking area shall be screened from surrounding residential areas by a wall or fence, in combination with suitable plant materials as specified in this division.

(Code 1979, § 11:1.734)

Sec. 109-421. - Bed and breakfasts.

The following provisions apply to bed and breakfast establishments:

(1)

The premises shall have at least two exits to the outdoors.

(2)

Rooms utilized for sleeping shall have a minimum size of 100 square feet for two occupants with an additional 30 square feet for each additional occupant to a maximum of four occupants per room.

(3)

Each building used as a bed and breakfast shall be equipped with smoke detectors as required by the building code for new single-family dwellings.

(4)

The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the operator and said operator shall live on the premises when bed and breakfast operation is active.

(5)

There shall be one off-street parking stall for each bedroom designated for guests on the premises.

(6)

Retail sales are not permitted.

(7)

Meals shall be served to guests only.

(8)

Lavatories and bathing facilities shall be available to all persons using the premises.

(9)

The maximum stay for any occupant of a bed and breakfast operation shall be 30 consecutive days.

(10)

The applicant shall provide a scaled floor plan of the premise as part of the application.

(11)

A minimum of one fire extinguisher, in proper working order, shall be located on each floor.

(Code 1979, § 11:1.735)

Sec. 109-422. - Campgrounds and RV parks, public recreation and golf courses.

The following provisions apply to campgrounds and RV parks, public recreation and golf courses:

(1)

The site shall have direct access to a principal or secondary collector street.

(2)

All principal and accessory buildings as well as parking areas shall not be less than 100 feet from any property line.

(3)

All 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.

(Code 1979, § 11:1.736)

Sec. 109-423. - Chemical processing, drop forging, punch pressing, etc.

Chemical processing, drop forging, punch pressing and plating operations, dry bulk blending plant and/or handling of liquid nitrogen fertilizer and anhydrous ammonia, refineries and power generation, sawmills, portable asphalt plants, and pulp mills shall conform to the performance standards stated at section 109-334.

(Code 1979, § 11:1.737)

Sec. 109-424. - Hotels and motels.

The following provisions apply to hotels and motels:

(1)

Minimum gross floor area of each guest unit shall be 250 square feet.

(2)

The minimum lot size shall be one acre with a minimum street frontage of 150 feet.

(3)

Site shall have direct access to a principal collector street.

(4)

There shall be at least 800 square feet of lot area for each guest unit.

(5)

The maximum lot coverage of all buildings, including accessory buildings shall not exceed 25 percent.

(6)

All buildings shall observe a setback of not less than 75 feet from any road right-of-way and no less than 40 feet from any side or rear property line.

(Code 1979, § 11:1.738)

Sec. 109-425. - Junkyards.

The following provisions apply to junkyards:

(1)

Junkyards shall be established and maintained in accordance with all applicable state laws.

(2)

The site shall be a minimum of ten acres in size.

(3)

A solid fence, wall or earthen berm at least eight feet in height shall be provided around the periphery of the site to screen said site from surrounding property. Such fence, wall or berm shall be of sound construction, painted or otherwise finished neatly and inconspicuously.

(4)

All activities shall be confined within the enclosed area. There shall be no stocking of material above the height of the fence or wall, except that movable equipment used on the site may exceed the wall or fence height. No equipment, material or lighting shall be used or stored outside the enclosed area.

(5)

All enclosed areas shall be set back at least 100 feet from any street property line. Such front yard setback shall be planted with trees, grass and shrubs to minimize the appearance of the installation. The spacing and type of plant materials shall be approved by the planning commission.

(6)

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

(7)

Whenever the installation abuts a residential district, a transition strip at least 200 feet in width shall be provided between the enclosed area and the adjoining district. Such strip shall contain plants, grass and structural screens of a type approved by the planning commission.

(Code 1979, § 11:1.739)

Sec. 109-426. - Fast food establishments with drive-through.

The following provisions apply to fast food establishments with drive-through service:

(1)

Site development standards. Drive-in restaurants and fast food establishments shall be subject to the following restrictions:

a.

Minimum lot area: 20,000 square feet.

b.

Minimum lot width: 125 feet.

c.

Structure location: The location of all structures, including partially enclosed or covered service areas, shall conform to the following requirements:

1.

Front setback: 75 feet.

2.

Side setback: 25 feet.

3.

Rear setback: 25 feet.

(2)

Motor vehicle access. All points of entrance or exit for motor vehicles shall be no closer than 30 feet from the intersection of the right-of-way lines of two streets and no closer than ten feet from an adjacent property line. The minimum driveway width at the curbline shall be 30 feet. The minimum width of access drive shall be 16 feet. The angle of intersection of the centerline of any driveway with the centerline of the street shall be no less than 60 degrees unless separate acceleration and deceleration lanes are provided. No more than two driveway approaches shall be permitted on any street frontage.

(3)

Outdoor storage areas. All outdoor storage areas, including areas for the storage of trash and rubbish, shall be surrounded by an opaque wall at least six feet high and a view-obstructing door.

(4)

Litter and debris. Drive-in restaurant management shall provide adequate trash and litter containers and policing for the parking lot and the shoulders of adjacent roadways. These areas shall be completely cleared of accumulated debris as often as necessary to ensure a neat appearance, but no less than once at the close of each business day.

(Code 1979, § 11:1.740)

Sec. 109-427. - Public buildings (local, state and federal buildings).

The following provisions apply to public buildings (local, state and federal buildings):

(1)

Not more than 30 percent of the lot area may be covered by buildings.

(2)

All buildings shall be harmonious in appearance with any surrounding or adjacent residential area and shall be similar in design and appearance to other buildings on the same site.

(Code 1979, § 11:1.741)

Sec. 109-428. - Indoor theaters.

Each indoor theater building shall have a lobby or waiting area of three square feet for each seat in the largest viewing or performance room within the building, exclusive of areas required by the building code for egress.

(Code 1979, § 11:1.742)

Sec. 109-429. - Lumber and building supply yards with outdoor storage, heavy construction contractor establishment and/or open outdoor storage.

The following provisions apply to lumber and building supply yards with outdoor storage, heavy construction contractor establishment and/or open outdoor storage:

(1)

Materials and equipment stored outdoors shall be screened from adjoining residential areas with an opaque fence or screen.

(2)

No materials stored outdoors shall be placed in a required yard.

(Code 1979, § 11:1.743)

Sec. 109-430. - Commercial freestanding towers.

The following provisions apply to commercial freestanding towers:

(1)

The distance from the base of the tower to the nearest property line shall not be less than the height of the tower.

(2)

The base of the tower and wire/cable supports shall be fenced with a minimum of a six-foot chainlink fence.

(3)

Strobe lights shall not be used unless required by state or federal law.

(4)

Owners/operators shall rectify any interference with the lawful broadcast or receiving of signals within the electromagnetic spectrum resulting from the construction and operation of the tower.

(Code 1979, § 11:1.744)

Sec. 109-431. - Shopping centers/malls.

The following provisions apply to shopping centers/malls:

(1)

Access to the shopping center shall be provided by at least one principal collector street.

(2)

All areas accessible to vehicles shall be paved and maintained so as to provide a permanent, durable and dustless surface.

(3)

No structure, with the exception of permitted signs, fences, water towers and light poles shall be located closer to any property line than a distance equal to twice its height.

(4)

All outdoor illumination shall be so arranged so that it is deflected from adjacent properties and streets and so that it shall in no way impair the safe movement of traffic.

(5)

All shopping centers/malls, when located in or adjacent to a residential district or when adjacent to a school, hospital or other public institution, shall include, as an integral part of the site development, a strip of land 20 feet in width on all sides of the site abutting such districts or developments. No part of such land may be utilized for any shopping center function, but shall be occupied by plant materials, shrubs or structural fences and walls, used separately or in combination. The site plan and specifications for a shopping center shall include the proposed arrangement of such plantings and structures.

Note— The 20-foot transition strip is part of the required front, rear and side yards and not in addition to these requirements.

(Code 1979, § 11:1.745)

Sec. 109-432. - Multiple-family dwellings.

The proposed site for a multiple family dwelling shall have not less than 50 feet of frontage on Green Bay or the Menominee River.

(Code 1979, § 11:1.746)

Sec. 109-433. - Transitional housing and emergency shelters.

The following provisions apply to transitional housing and emergency shelters:

(1)

The facility shall be fully enclosed within a building located in R-3, C-1, C-2 or D-1 District.

(2)

The facility site shall not be located within 1,500 feet of another lot serving as transitional housing or emergency shelter.

(3)

The building provides 50 square feet of heated sleeping space per person staying overnight at the facility and 100 square feet of heated living space if allowed to stay in the facility during daytime.

(4)

The facility shall have no more than 100 beds and/or sleeping pads per room used for sleeping purposes.

(5)

The operator of a shelter shall provide continuous, on-site supervision by a qualified employee during all hours of operation.

(6)

The operator of the facility shall have a written management plan including, as applicable, staffing levels, provisions for staff and volunteer training, neighborhood outreach, length of stay of residents, hours of operation, crime prevention, security, screening of residents to insure compatibility and the mission of service provided at the facility. The management plan shall establish a maximum length of time which clients may be accommodated.

(7)

The operator shall have an ongoing housing assistance program on the premises to place the residents into permanent housing and maintain a list of all persons residing at the facility.

(8)

Parking requirements would be as determined by the code enforcement officer based on the intensity of the operation described in the management plan and approved by the planning commission.

(9)

The building shall be made to comply with the Michigan Building Code, Section 105 Permits, where any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

(Ord. of 2-2-2015)