Various land uses and activities possess unique characteristics which under certain conditions require special limitations and controls to ensure compatibility with adjacent land uses, with the natural environment, and with existing and projected capacities of public services and facilities affected by such uses or activities and therefore have been designated as "special uses." The intent of this article is to allow land to be used for special uses only after the planning commission or zoning administrator reviews each such proposed use and if necessary, imposes reasonable controls to ensure that public services and facilities will be capable of accommodating increased service and facility loads, and in order to protect the natural environment and conserve natural resources and energy, and to promote the use of land in a socially and economically desirable manner. No special use shall be engaged in unless a special use permit has been obtained from the body or official responsible for approving such use in accordance with the procedures set forth by the terms of this chapter.

(Ord. No. 2086, § 18, 7-12-2016)

The following procedures shall be followed in making application for a special use permit:

(1)

Written application. A written application for a special use permit shall be submitted to the village clerk indicating the following:

a.

The name, address and telephone number of the applicant.

b.

The address or brief description of the location of the property involving the proposed special use.

c.

The date of application.

d.

A statement indicating the sections of this chapter under which the special use is sought.

e.

The grounds upon which a special use is requested.

f.

The authorizing administrative body or official.

(2)

Permit fees. Nonrefundable fees for a special use permit shall be paid at the time of application in accordance with the fee schedule established by the village council.

(3)

Site plan or site development plan required.

a.

If site plan review is required by the terms of the regulations applicable to the district in which the subject property is located, a site plan conforming to section 78-583 shall be submitted at the time of application.

b.

If site plan review under article V of this chapter is not required, a site development plan as described in this section shall be submitted at the time of application.

c.

A site development plan shall include the following:

1.

Location and dimensions of all proposed and/or existing buildings and structures;

2.

Site drainage, sewer and water facilities;

3.

Parking, loading, and other vehicle or pedestrian traffic handling facilities;

4.

Proposed general landscaping including required greenbelts, screens, fences or other buffering devices; and

5.

Each such site development plan shall also include a small locational map showing all streets and zoning districts within 1,000 feet of the proposed special use.

All special land use applications and site development plans shall be promptly transmitted to the planning commission. The planning commission shall hold at least one public hearing on all special land use requests it receives and shall provide notice for said hearing in the manner provided in section 78-8. Staff shall have authority to set a hearing date but may defer to the planning commission to set the date.

Except as they do not reasonably apply, the following standards shall be used by the planning commission when considering applications for a special use permit:

(1)

The size, character and nature of any buildings or structures to be erected, constructed or located upon the lot shall not create serious social, economic or visual conflicts with adjacent land uses or the immediate neighborhood.

(2)

The proposed use of land, buildings or structures shall not create substantial adverse or hazardous environmental conditions for subject property owners or the surrounding neighborhood. For the purposes of special use review only, the term "environmental conditions" shall include, but not be limited to, the following general categories:

a.

Dispersion of light, heat or other forms of radiant energy.

b.

Soil, air, and water quality and movement.

c.

Noise, both volume and pitch.

d.

Abundance and type of wildlife and vegetation.

(3)

The population or use density resulting from a special use shall not be so substantially greater than the population or use density prevailing in the surrounding area so as to increase the likelihood of further requests for other land use changes which, if granted, would not conform to the land use types, patterns or density proposed for the surrounding area by the village land use plan.

(4)

Vehicular and pedestrian traffic circulation shall be designed to minimize conflicts on public streets and upon the property involved and to provide safe and convenient parking in relation to streets, pedestrian walkways and adjoining properties or parking areas. Parking and loading space shall be related to the requirements of section 78-661.

(5)

Safe and adequate water supply and sewage disposal facilities shall be provided as required by county and state regulations and shall be designed for compatibility with existing systems and future development.

(6)

The period of day and times of year during which special use activity commences or continues should be reasonably related to both the use and the neighborhood or area in which it is proposed.

(7)

The proposed use shall not create excessive additional demand, at public cost, for public facilities and services.

(8)

The proposed use shall be consistent with the intent and purpose of the zoning district in which it is proposed to be located, with the overall intent and purpose of this chapter, and with other applicable ordinances and statutes.

(a)

Where such authority is granted under the terms of this chapter, the planning commission shall issue a special use permit upon the finding that the proposed use is in compliance with the standards specified in section 78-544; however, the planning commission may stipulate additional conditions and require guarantees that all conditions will be complied with when, in order to fully comply with the intent of this chapter, such additional conditions may be deemed necessary. Before rendering such a decision, such use shall be thoroughly reviewed, using reliable, pertinent information.

(b)

Upon making a decision on whether to deny, approve, or approve with conditions a special use permit, the planning commission shall incorporate their decision in a statement containing the conclusions relative to the special use which specifies the basis for the decision and all additional conditions, limitations and requirements upon which the special use permit is granted.

(c)

The statement shall be recorded in a record of the approval action and shall be filed together with the special use application and site development plan with the zoning administrator.

(d)

The planning commission shall have the right to impose conditions which limit the duration of the special use where the same is of a temporary nature. If deemed necessary to meet the purpose and intent of this chapter, the planning commission may require that the special use be periodically reviewed for the purpose of determining whether or not the original conditions are being complied with and whether or not to suspend, revoke or require further conditions or limitations, depending upon the degree of compliance then prevailing.

(e)

All conditions of the special use approval shall remain unchanged except upon the mutual consent of the planning commission and the special use applicant.

(f)

The planning commission shall maintain a record of all conditions which are changed and such record shall be filed with the zoning administrator.

(g)

The breach of or noncompliance with any conditions of the special use permit shall automatically invalidate the permit.

(Ord. No. 2086, § 19, 7-12-2016)

Any special use permit issued pursuant to the terms of this chapter shall be valid for one year from the date of issuance of the special use permit. If the applicant fails to commence the use or activity authorized by such special use permit within one year of issuance of the special use permit, the special use permit shall be of no further force or effect. Prior to the expiration of the special use permit, an applicant may apply to the planning commission and the planning commission may grant a one-year extension of the special use permit upon a showing by the applicant of an inability to complete the requirements of the special use permit within the time specified, financial constraints, regulatory approvals, or other proven hardship by the applicant.

(Ord. No. 2086, § 20, 7-12-2016)

Editor's note— Ord. No. 2086, § 20, adopted July 12, 2016, repealed the former § 78-546, and enacted a new § 78-546 as set out herein. The former § 78-546 pertained to expiration and derived from this Code as originally published.

Any application for a special use permit which has been denied wholly or in part by the planning commission shall not 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 found by the zoning administrator to be sufficient to justify reconsideration by the body or official in charge of reviewing and/or authorizing such special use.

Adult businesses, as defined by section 6-32 of this Code, shall be permitted pursuant to this chapter only if:

(1)

Special use permit therefore is first obtained pursuant to the provisions of article IV of this chapter;

(2)

The real property upon which the proposed use is to be located is classified as a C-1 or C-2; and

(3)

The proposed location is not within 500 feet of any other real property where there is located an adult business, not within 250 feet of any other real property classified in zones R-1, R-2, R-3, or R-4, nor within 500 feet of any other real property upon which there is located a school or a church, nor within 500 feet of any real estate upon which is located a business with an on-site alcoholic beverage license.

(4)

Beer, wine, spirits or other alcoholic beverages shall not be served on the premises of an adult business.

(Ord. No. 2089, § 3, 11-22-2016)

Bed and breakfasts are special land uses subject to the following requirements:

(1)

The use shall not be incompatible with other existing or permitted uses in the vicinity.

(2)

The impact of the bed and breakfast shall be no greater than that of a private home with houseguests and the bed and breakfast shall not alter the residential character of the building. Special land use approval shall not be granted if the essential character of the lot or structure in terms of traffic generation or appearance will be changed substantially.

(3)

The bed and breakfast shall be a single-family dwelling, the principal dwelling unit on the property and shall be owner-occupied at all times.

(4)

A bed and breakfast shall maintain a smoke detector in proper working order in every sleeping room and a fire extinguisher in proper working order on every floor in the immediate vicinity of the sleeping rooms.

(5)

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

(6)

The rental sleeping rooms shall have a minimum size of one hundred twenty (120) square feet for one or two occupants with an additional 50 square feet for each additional occupant to a maximum of four occupants per room.

(7)

A site plan shall include a floor plan layout of the proposed structure that shows the specific layout of the proposed facility.

(8)

The permit holder shall secure and maintain all required state and local permits. Any food preparation areas shall be licensed and approved by the health department, as applicable.

(9)

No conference/meeting room facilities will be permitted.

(10)

The bed and breakfast shall employ no more than three persons in addition to the owners and their immediate family, including spouses, siblings and children.

(11)

Any dumpsters on site shall be completely screened and enclosed so they are not visible from adjacent streets and neighboring properties.

A day care center is subject to the following standards:

(1)

Located on a parcel of land as a principal use, either in a building common with other principal uses or freestanding in a separate building.

(2)

A day care center may provide care for not more than 100 children at any given time, however, the planning commission may recommend a number in excess of 100 if the site, facility, and location is demonstrated capable of supporting such occupancy and the traffic does not pass directly through a residential neighborhood.

(3)

If located in a residential zoning district, the day care center hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. An exception to this requirement may be allowed if access to the parcel does not pass through a residential use area.

(4)

All activities shall be conducted indoors, except the required outdoor play area.

(5)

Child dropoff and pickup zones shall be located to prevent traffic backup on any public street.

(6)

A site plan in accordance with article V of this Code shall be filed with the special use application.

(7)

All required state and local licensing shall be maintained at all times.

(8)

All outdoor areas used for care and play area shall have appropriate fencing for the safety of the children. Such fence shall consist of a six-foot high opaque fence along the area adjoining a residence, and a four-foot to six-foot high fence in the rear yard and in the side yard up to the front building line. Play areas abutting a public right-of-way shall be prohibited.

(9)

Such facilities shall be located at least 1,500 feet from any one of the following:

a.

A licensed or pre-existing operating group day care home or day care center.

b.

A nursing or convalescent home.

c.

A facility offering substance abuse treatment and rehabilitation service to seven or more people.

d.

A community correction center, resident home, halfway house, or similar facility under jurisdiction of the county sheriff or the department of corrections.

(10)

The planning commission shall not prohibit evening operations completely, but may establish limitations on hours of operation and/or activities between the hours of 10:00 p.m. and 6:00 a.m.

Drive-through facilities are special land uses in the C-2 district and are subject to the following requirements:

(1)

All automobile queuing for a drive-through window shall be separated from other off-site and on-site traffic patterns.

(2)

Pedestrian areas shall be clearly marked and said markings shall be maintained.

(3)

The drive-through lane(s) shall be designed to accommodate a full-size passenger vehicle pulling a typical recreation-vehicle trailer.

(4)

The applicant shall demonstrate to the satisfaction of the planning commission that vehicle stacking areas for the drive-through facility are adequate to handle the highest volume likely at the facility without encroaching on the public right-of-way or the drive aisles, parking or pedestrian areas on site.

(5)

Any commercial establishment with a drive-through facility which adjoins a property zoned or used for residential purposes shall be effectively screened from view from such property.

(6)

Any outdoor speakers for the drive-through facility shall be located in a way that minimizes sound transmission toward adjacent property.

(7)

A stand-alone automated bank teller machine shall comply with these requirements.

(8)

Drive-through restaurants may utilize an illuminated menu board not to exceed 32 square feet in sign area.

Gas stations are special land uses in the C-2 district and are subject to the following requirements:

(1)

The minimum lot size for a gas station shall be 32,000 square feet.

(2)

The planning commission may establish hours of operation for gas stations to protect the character of the land uses in the vicinity.

(3)

The applicant shall demonstrate to the planning commission proper design and licensing measures as required by state and federal statutory and regulatory authority.

(4)

All buildings, pump islands, canopy structures and other facilities shall be located in conformance with the yard and setback requirements of the zoning district.

(5)

Dismantled, wrecked, or immobile vehicles stored shall be completely screened from any adjoining parcel or right-of-way.

(6)

No vehicles shall be parked on site for the purpose of selling or renting such vehicles.

(7)

Any hazardous materials proposed to be stored, used or handled on site shall be disclosed by the applicant and all such storage, use and handling shall be conducted in accordance with any applicable state or federal requirements.

(8)

Curb cuts for access to a gas station shall not be permitted at such locations that will tend to create traffic hazards; and entrances shall be located at least 50 feet from road intersections.

Group day care homes are allowed in the AG, RE, R-1, R-2, R-3 and R-4 residential districts when authorized as a special land use under the terms of article IV of this Code by the planning commission, and subject to the following standards:

(1)

Located in a single-family detached dwelling.

(2)

Operated by an occupant of the dwelling and not more than one nonresident person.

(3)

Not more than 12 children cared for in the dwelling.

(4)

All activities must be conducted within the dwelling, except an outdoor play area.

(5)

Outdoor play area as required by the state shall be enclosed by an opaque fence not less than six feet in height, with the gate opening of common material. Evergreen trees or shrubs may be substituted for the opaque fence at the discretion of the planning commission.

(6)

Drop-off and pickup of children shall not occur within a public street right-of-way. There shall be available on-premises adequate parking for such drop-off and pickup activities. Whenever the drop-off and pickup area is a driveway connecting to a major street, provisions shall be made to permit on-site turn around so vehicles do not back directly onto the major street.

(7)

A group day care home must meet all applicable standards and requirements of the state.

(8)

Signs for a group day care home shall comply with the requirements of article VII of this chapter and the district in which the group day care home is located; provided, however that no group day care home shall be permitted to have an illuminated sign or changeable copy ground sign.

(9)

A site sketch shall be provided with the special use application depicting lot area, location of all buildings, location of outdoor play area, fencing, access drive, and parking spaces.

(Ord. No. 2086, § 21, 7-12-2016; Ord. No. 2097, § 1, 8-28-2018)

(a)

A minor home occupation meeting criteria set forth below may receive a zoning compliance permit from the zoning administrator for the conduct of the minor home occupation without holding a public hearing. For purposes of this chapter, a "minor home occupation" shall include the following: fine art instruction or in-home craft. All other home occupations shall file for special land use approval as prescribed in this section.

(b)

The following land uses shall not be considered home occupations:

(1)

Warehousing and rental of storage space for gain.

(2)

Adult businesses.

(3)

Motor vehicle repair.

(4)

Bed and breakfasts.

(5)

Junk yards.

(c)

Minor home occupations shall comply with the following standards:

(1)

The use shall be conducted entirely within the dwelling or accessory building.

(2)

The use shall be operated only by persons residing in the dwelling.

(3)

The exterior appearance of the dwelling shall not be modified to accommodate the minor home occupation.

(4)

The minor home occupation shall not occupy more than 400 square feet of floor area or 30 percent of the floor area of the dwelling, excluding area of basement, whichever is less.

(5)

There shall be no selling of goods, merchandise, supplies or products, provided that orders made by telephone or at sales events off the premises may be filed on premise so long as customers do not arrive on premise to acquire orders.

(6)

Outdoor storage or display is prohibited.

(7)

There shall be no regular deliveries from commercial suppliers to the premises.

(8)

There shall be no activity on premise resulting in noise, vibration, smoke, dust, odors, heat or glare that creates a nuisance to adjoining properties.

(9)

As a result of operating the minor home occupation, motor vehicle traffic shall not exceed that considered normal for a dwelling.

(10)

No combustible, toxic or hazardous substances used in connection with the minor home occupation shall be kept on premise.

(11)

Each minor home occupation shall be subject to an annual compliance inspection.

(12)

The zoning administrator shall have discretion to refer any application for a home occupation to the planning commission for approval.

(d)

Home occupations unable to meet the standards set forth in section 78-555(c); above shall be considered major home occupations, as defined herein and which require a special land use permit issued by the planning commission following a public hearing and subject to the following standards:

(1)

The use shall be conducted entirely within the dwelling and/or not more than one accessory building.

(2)

The use shall be operated by persons residing in the dwelling and not more than one other person.

(3)

The exterior appearance of the dwelling and accessory building, if used in connection with the major home occupation, shall not be modified to accommodate the use.

(4)

The major home occupation shall not occupy more than 30 percent of the total dwelling floor area, excluding basement.

(5)

The use shall be clearly incidental and secondary to the dwelling.

(6)

Outdoor display of goods or merchandise is prohibited.

(7)

Equipment used in connection with the major home occupation shall be parked or stored within a building or within a gated six-foot high screening fence enclosure.

(8)

There shall be adequate off-street parking and maneuvering area.

(9)

There may be only incidental and occasional selling of goods, merchandise, supplies or products.

(10)

No combustible, toxic or hazardous material may be used or stored on the premises, except in a safe manner and in full compliance with all federal, state, and other governmental requirements concerning the use, handling, transport, storage, and disposal of any such materials; provided, however, that the safe storage of pesticides and herbicides by landscaping enterprises shall be permitted, if otherwise lawful.

(11)

There shall be no activity that would interfere with radio or television vibrations, smoke, dust, odors, heat, or glare resulting in an adverse effect at or beyond the property line.

(12)

As a result of the major home occupation, there shall not be any appreciably greater motor vehicle or pedestrian traffic than would be normal for the zoning district in which the use is located.

(13)

There shall be no deliveries from commercial suppliers, except on an occasional or incidental basis.

(e)

The following land uses shall be considered major home occupations:

(1)

Barber.

(2)

Beauty salon.

(3)

Tax preparation.

(f)

Signs for any home occupation described in this section 78-555 shall comply with the requirements of article VII of this chapter and the district in which the home occupation is located; provided, however that no home occupation shall be permitted to have an illuminated sign or changeable copy ground sign.

(Ord. No. 2086, § 22, 7-12-2016; Ord. No. 2097, § 2, 8-28-2018; Ord. No. 2105, § 1, 5-28-2019)

Junk yards are special land uses in the I-2 district and are subject to the following requirements:

(1)

The planning commission may establish hours of operation for junkyards to protect the character of the land uses in the vicinity.

(2)

The applicant shall demonstrate to the planning commission proper design and licensing measures as required by all county, state and federal regulations.

(3)

Such facilities shall at all times be maintained in a manner consistent with the character of the surrounding uses.

(4)

Any hazardous materials proposed to be stored, used or handled on site shall be disclosed by the applicant and all such storage, use and handling shall be conducted in accordance with any applicable state and federal requirements.

(5)

All materials stored on site shall be located in the side or rear yards. All materials shall be screened with an eight-foot tall opaque fence. Stored materials shall not be stacked higher than eight feet, and shall be stored in a manner so as not to be visible from adjoining properties or rights-of-way.

(6)

No portion of the storage area shall be located within 200 feet of any residential district or residential lot line.

(7)

A management office shall be provided on site.

(8)

The minimum area for a junk yard facility shall be two acres, and the maximum lot area shall be 20 acres.

(9)

The following groundwater protection standards shall apply:

a.

Sites shall be designed to prevent spills and discharges into the surface of the ground, groundwater, streams, the river and wetlands.

b.

All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the salvage yard. Salvaged batteries, oil and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method.

c.

Secondary containment for aboveground areas where hazardous substances and polluting materials are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance.

d.

General purpose floor drains shall be allowed only if they are connected to a public sewer system, an on-site holding tank, or a system authorized through a state groundwater discharge permit.

e.

State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without required permits and approvals.

Kennels are special land uses in the AG district and are subject to the following requirements:

(1)

The minimum lot area shall be 20,000 square feet for the first four animals, and an additional 1,000 square feet for each animal in addition to the first four. The planning commission may stipulate the maximum number of animals that may be kept at the facility.

(2)

Buildings where animals are kept, indoor or outdoor dog runs, and exercise areas shall not be located nearer than 50 feet to any adjacent dwelling or residential zoning district.

(3)

Outdoor dog runs and outdoor exercise areas shall not be located in any front yard or required side or rear setback area.

(4)

All principal use activities, other than outdoor dog runs or exercise areas, shall be conducted within a totally enclosed building.

(5)

Animal wastes, biohazard materials or byproducts shall be disposed of as required by the Barry-Eaton District Health Department, the Michigan Department of Public Health, or other duly appointed authority. All other wastes shall be contained in leak-proof and odor proof containers removed not less frequently than twice per week. No animal wastes, biohazard materials or byproducts shall be buried or incinerated on site.

(6)

Activities shall not generate noise levels at any property line that exceed the standards set in section 78-17 of this chapter.

(a)

The applicant shall demonstrate how the proposed mixing of uses will reduce traffic generation and provide a substantial amenity.

(b)

The mixing of uses will be compatible with adjacent land uses, the natural environment, and the capacities of affected public services and facilities, and such use shall be consistent with the public health, safety and welfare of village residents. The mixing of uses shall be consistent with the policies set forth in the Village of Middleville Master Plan.

(c)

The development shall consolidate and maximize usable open space, wherever possible.

(d)

The applicant shall demonstrate that the proposed mixing of uses will not constitute a nuisance to future inhabitants or users of the development, or the village in general.

(e)

Off-street parking facilities for such mixed uses may be provided collectively, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use, unless the planning commission finds that such requirements may be modified due to varying hours of operation or other factors.

(f)

A proposed mixed-use development shall be designed in such a manner that will lead to compatible, efficient, and attractive uses of property, and shall:

a.

Encourage unique retail, office and residential use alternatives.

b.

Establish neighborhood places that will define and strengthen the community character and supplement the identity of the village.

c.

Provide for the redevelopment of underutilized sites.

d.

Facilitate pedestrian oriented development using design options such as sidewalk cafes, rear parking, residential condominiums above small-scale service or retail uses, and enhanced landscape open spaces, squares, and parks.

(g)

Vehicular and pedestrian circulation within the development and access to the development shall be safe, convenient, non-congested and well defined. Shared access to parking areas will be required, where appropriate.

(h)

A mixed-use development shall not infringe unreasonably on any neighboring uses.

(a)

No topsoil, sand, gravel, or other such materials shall be removed from any property in the village unless such removal is authorized by the planning commission in accordance with article IV of this chapter and the following additional standards:

(1)

The size of the property from which topsoil, sand, gravel, or other such materials are to be removed.

(2)

The amount of topsoil, sand, gravel, or other such materials which are to be removed.

(3)

The purpose of such removal.

(4)

The effect of such removal on adjoining property.

(5)

The effect of such removal in causing a safety hazard, creation of erosion problems altering the groundwater table or other problems of a similar nature.

(6)

The potential of such removal to cause the creation of sand blows, stagnant water pools, bogs, or any type or kind of injurious areas.

(7)

The effect of such removal on the environment and the natural topography and the potential destruction of a natural resource.

(8)

Potential traffic congestion and problems because of trucks or other vehicles or means used to haul and transport the materials removed.

(b)

Topsoil, sand, gravel, or other such materials may be removed from a lot without authorization from the planning commission for the purpose of erecting or constructing a building or structure on the lot from which the topsoil, sand, gravel or other similar material is being removed, provided there is compliance with all other requirements of this chapter. In addition, topsoil, sand, gravel, or other such materials may be moved from one part of a lot to another part if such action will not cause a sand blow, stagnant water pools, bogs, possible future injury to adjoining properties or create any other type or kind of injurious area.

Major motor vehicle repair is a special land use in the C-2, I-1 and I-2 districts and subject to the following requirements:

(1)

Not more than four dismantled, wrecked or inoperable vehicles of any kind shall be parked or stored where visible from any adjoining property or right-of-way. Regardless of any screening, no dismantled, wrecked or inoperable vehicle or vehicle parts may be stored outdoors for longer than 90 days. The planning commission may require an opaque fence up to six feet in height and/or an evergreen landscape buffer not less than six feet in height at time of planting to screen any vehicles from neighboring uses or passers-by.

(2)

No buildings associated with an automobile repair establishment shall be erected within 50 feet of any residential zoning district.

(3)

All equipment including hydraulic hoists, pits, and lubrication and repair facilities shall be entirely enclosed within a building.

(4)

All repair and maintenance activities shall be performed entirely within an enclosed building.

(5)

The planning commission may establish hours of operation for such uses consistent with the character of the land uses in the vicinity.

(6)

The premises shall not be used for the sale of vehicles, unless approved for such use as part of site plan review.

Nursing homes are special land uses in the R-3 district and are subject to the following requirements:

(1)

The use shall be established and maintained in accordance with any and all applicable local, state and federal laws.

(2)

Notwithstanding other provisions in this chapter, each individual dwelling unit shall consist of at least 450 square feet of floor area.

(3)

A nursing home shall not be located within 1,500 feet of any other nursing home.

(4)

Impervious surfaces, including rooftop and parking, shall not cover more than 75 percent of the site.

(5)

The owner shall file a covenant with the village, to be reviewed as to form by the village attorney and approved by the village. The owner shall covenant on behalf of himself, his heirs, personal representatives, successors and assigns that occupancy of the development shall be limited generally to adults over the age of 60 or the chronically or incurably ill. The covenant shall be executed and recorded with the county register of deeds, prior to issuance of a building permit.

(6)

Site layout and configuration and all buildings associated with nursing homes shall comply with the dimensional requirements of the R-3 district.

(a)

Intent. The intention of allowing offices as a special use in a district is to provide a means for adaptive reuse of residential structures, e.g., which may have outlived their usefulness in terms of structure, functional design and aesthetics as a residence as originally designed, to provide an incentive to renovate and preserve in a residential appearance older residential structures and, incidentally, to provide a source of needed office space, if such use and the accumulation of such uses already permitted do not adversely affect the residential character of the district.

(b)

Development standards. In addition to any conditions that the planning commission may impose, should it grant a special use permit, the applicant therefor shall demonstrate conformance, and capability for future conformance, with the following standards:

(1)

The minimum lot size and width shall be 7,000 square feet and 60 feet, respectively.

(2)

The property shall have frontage on State Highway M-37, or on Main Street between M-37 and the Thornapple River.

(3)

If required, screening shall be provided in accordance with the planning commission's specifications, between such use and any adjacent residential use. Such screening shall be maintained in good condition.

(4)

Parking spaces shall be provided in accordance with article VIII of this chapter.

a.

The parking areas shall be arranged to be compatible with the neighborhood and if required, screening shall be provided in accordance with the planning commission's specifications for all parking areas. Preferred parking areas include the side or rear yards, especially along Main Street from M-37 to the Thornapple River.

b.

Alleys shall not be used as a means of vehicular ingress and egress to the property.

(5)

Any site lighting shall be subdued and appropriate to a residential setting.

(6)

The hours that the office is open to the public or clients may be restricted.

(7)

Existing, mature trees on the site shall be preserved, where feasible. Adequate landscaping shall be provided on the site in order that the use may blend in with the surrounding area.

(8)

For existing structures, no external changes may be made that are nonresidential in character.

a.

Proposals for conversions of a residential use to office use shall include proposals for significant internal and external physical improvements to the functional and aesthetic qualities of the structure and grounds, which improvements tend to render the structure more structurally sound, efficient and attractive and reduce any adverse effect the office use may have on the surrounding residential properties.

b.

External construction of new structures shall be compatible with the surrounding residential area.

(9)

The applicant shall document that the proposed use will be compatible with the neighborhood. Incompatible uses are those uses which have characteristics such as, but not limited to, noise, the creation of traffic and/or parking problems, and/or other qualities not compatible with the character of the neighborhood.

(10)

The owners shall maintain the functional and aesthetic improvements called for in subsection (b)(7) of this section, the other external physical elements of the structure, landscaping, parking areas and surrounding yards in reasonably good, structurally sound and aesthetically presentable order, but in any event in substantially the same condition as when this property was first used as an office, normal wear and tear excepted. Failure of the owner to do so shall constitute a violation of this section.

Private wind energy facilities are a special land use permitted in all zoning districts of the village, subject to the following requirements:

(1)

Setbacks shall be no less than one and one-half times the total height of the private wind energy facility from the ground level to the top of the blade at the highest point in rotation or other uppermost point.

(2)

Rooftop mounted and detached private wind energy facilities shall not exceed one and one-half times the maximum permitted building height for the district in which they are located.

Where recreation establishments are special land uses, regardless of whether the use is an indoor or outdoor establishment, are special land uses as prescribed in this chapter, subject to the following requirements:

(1)

Facilities that include outdoor activity must employ effective physical barriers and isolation distances to ensure that on-site activities shall not be perceptible beyond the lot line, as determined by the planning commission.

(2)

Outdoor lighting shall be the minimum required for safe use of the facility and be directed away from neighboring properties and public rights-of-way. Limitations on lighting may be imposed by the planning commission.

(3)

The planning commission may limit the hours of operation of the facility to protect the character of the vicinity and surrounding uses.

(4)

The facility shall be compatible with surrounding neighborhoods in terms of scale and site layout.

(5)

The facility shall be maintained in an orderly and attractive manner.

(6)

The applicant shall demonstrate that large, periodic influxes in the number of patrons and/or spectators shall not occur except upon approval of an amended special land use application. All parking facilities shall be located on the property and shall not be allowed to spill over into any right-of-way or street.

(a)

The planning commission may establish hours of operation to protect the character of the land uses in the vicinity. Hours of operation shall be consistent with those of adjacent land uses.

(b)

Food or beverages shall not be served at the establishment.

(c)

The applicant shall demonstrate that outdoor loitering space would not be provided for and that outdoor loitering would be prohibited.

(d)

The use shall be compatible with other allowed uses in the vicinity.

(e)

A proposed tattoo parlor shall be located a minimum of 1,000 feet from an existing tattoo parlor or school. The planning commission may waive this requirement if it finds that physical features significantly separate the uses so as to avoid concentration of tattoo parlors, and to avoid the establishment of a tattoo parlor in proximity to a school.

(Ord. No. 2089, § 4, 11-22-2016)

Marihuana businesses are special land uses subject to the following requirements:

(a)

No marihuana business shall be located within 1,000 feet of any lot on which is located an existing public or private elementary or secondary school or licensed day care facility. For purposes of this section, the 1,000 feet shall be calculated by measuring a straight line from the closest point on the real property line of each of the two lots, parcels, or units.

(b)

No marihuana business may use metals, butane, propane, or other flammable product, or produce flammable vapors, to process marihuana or marihuana products unless the process used and the premises is verified as safe and in compliance with all applicable codes by a qualified industrial hygienist.

(c)

Marihuana businesses shall install and use a safe for both storage of any processed marihuana product as well as cash on the premises when the business is closed to the public. The safe shall be incorporated into the building structure or securely attached thereto. For marihuana-infused products that must be kept refrigerated or frozen, the business may lock the refrigerated container or freezer in a manner authorized by the village in place of the use of a safe so long as the container is affixed to the building structure.

(d)

A drive-through window or similar service on the premises of any marihuana business shall not be permitted.

(e)

No person shall be permitted to reside or permit another person to reside in or on the premises of a marihuana business.

(f)

Buildings shall be sufficiently setback from property lines or screened or buffered with a fence, wall, or landscape screen to minimize light spillage, odor, and noise (including noise associated with truck traffic or other machinery), affecting adjacent properties.

(g)

Disposal of marihuana product by on-site burning or by introduction into the sewer system shall not be permitted.

(h)

No marihuana business shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the marihuana business is operated.

(i)

A marihuana business shall be ventilated so that the odor of marihuana cannot be detected by a person with a normal sense of smell at the exterior of the marihuana business or at any adjoining use or property.

(j)

Unless higher performance is required by applicable law, there must be a minimum of a one-hour fire separation wall between any marihuana business and any adjacent business or use located in the same building.

(k)

The building must be equipped with an activated air scrubbing and carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter and air scrubbing system:

(1)

The filtration system must consist of one or more fans, activated carbon filters and be capable of scrubbing the air prior to leaving any building. At a minimum, the fan(s) must be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM;

(2)

The air scrubbing and filtration system must be maintained in working order and must be in use at all times. The filters must be changed per manufactures' recommendation to ensure optimal performance;

(3)

Negative air pressure must be maintained inside the building;

(4)

An alternative odor control system is permitted if the applicant submits a report by a mechanical engineer licensed in the State of Michigan sufficiently demonstrating that the alternative system will eliminate odor as well or better than the air scrubbing and carbon filtration system otherwise required.

(l)

Marihuana businesses may not be open to customers between the hours of 9:00 p.m. and 9:00 a.m.

(m)

Any hazardous materials and the proposed quantities of such materials that will be stored and utilized on the site (including carbon dioxide, pesticides, etc.) shall be disclosed to and approved by the village in advance.

(n)

Marihuana businesses must have a litter control plan in place to address litter on the property.

(o)

Marihuana businesses must have a written plan in place addressing the prohibition of loitering and sales to minors.

(p)

Marihuana businesses must provide training to employees on crime prevention and awareness.

(Ord. No. 2119, § 6, 8-24-2021; Ord. No. 2124, § 8, 3-22-2022)