The intent of this article is to provide regulations for uses which are essentially compatible with uses permitted by right in a given district, but which, by reason of the special nature of such uses or their particular location in relation to neighboring properties, require a stricter level of review by the city. Accordingly, special land uses should not be permitted without consideration of relevant restrictions or conditions being imposed which address their unique characteristics.

1.

The planning commission [now planning board—see Charter § 5-201] shall review the particular circumstances and facts applicable to each proposed special land use in terms of the following standards and requirements and shall make a determination as to whether the use proposed to be developed on the subject parcel meets the following standards and requirements:

a.

Will be compatible with and in accordance with the general goals and policies of the City of Montrose Comprehensive Development Plan.

b.

Will be designed, constructed, operated, and maintained with existing and intended character of the general area and so that such use will not change the essential character of that area.

c.

Will not be hazardous or detrimental to existing or future neighboring uses.

d.

Will represent a general benefit to the community as a whole.

e.

Will be served adequately by public services and facilities, such as streets, drainage, water, sewer, and police and fire protection.

f.

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

g.

Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration or odors.

h.

Will be consistent with the intent and purposes of this ordinance.

2.

Properties for which application for special land use approval is made shall also be subject to site plan review in accordance with the requirements of article 12, Approval of site plans.

1.

Application for any special land use permit as provided under the provisions of this ordinance shall be made to the zoning administrator by filing a special land use permit application form at least 30 days prior to the planning commission [now planning board—see Charter § 5-201] meeting at which the permit is to be considered. Payment of an application fee, which shall be nonrefundable, may be established by the city council.

2.

An application for a special land use permit shall contain the following:

a.

Applicant's name, address and telephone number.

b.

Address and tax description number of the subject parcel.

c.

A signed statement that the applicant is the owner of the subject parcel, or is acting as the owner's representative.

d.

A certified survey drawing of the subject parcel.

e.

A complete site plan containing all of the applicable data outlined in article 19, Review and approval of site plans.

f.

Supporting statements, evidence, data, information and exhibits which address the standards and requirements for assessing special land use permit applications outlined in section 11.4 below.

1.

The planning commission [now planning board—see Charter § 5-201] shall have the authority to approve special land use permits, subject to such conditions of design, operation, and appropriate and reasonable safeguards as the city may require for any special land use included in the various provisions of this zoning ordinance.

2.

Upon receipt of an application for a special land use permit, the planning board shall hold a public hearing. The city clerk shall post notice of public hearing in a newspaper of general circulation within the city not less than 15 days before the next regular meeting of the city planning board. The content of the notice shall describe the nature of the request, indicate the property that is the subject of the request by street address, state when and where the request will be considered and indicate when and where written comments can be received per Section 103(3) of Public Act 110. The city clerk shall mail, by first class mail, a copy of such notices to each resident and owner of all properties as listed on the tax roll and located within 300 feet from the property involved in the application regardless of municipal boundaries and according to section 19.5.3. herein.

3.

The planning commission [now planning board—see Charter § 5-201] may deny, approve or approve with conditions a request for special land use permit. The decision on a special land use shall be incorporated in a statement containing the conclusions relative to the special land use under consideration which specifies the basis for the decision and any conditions recommended.

4.

The special land use review and site plan review may occur concurrently at the discretion of the planning commission [now planning board—see Charter § 5-201].

5.

In addition to the other procedures set forth in this ordinance, the planning commission [now planning board—see Charter § 5-201] shall adhere to the following procedures when reviewing a special land use application for a sexually oriented business:

a.

If the planning commission [now planning board—see Charter § 5-201] determines that a special land use application for a sexually oriented business is not complete when it is first presented to the planning commission [now planning board—see Charter § 5-201], it shall provide written notice to the applicant by first class mail within five business days of the determination detailing the items required for the application.

b.

If the planning commission [now planning board—see Charter § 5-201] determines that the application is complete, it shall within 60 days of the determination make and adopt specific findings with respect to whether the sexually oriented business is in compliance with the standards of section 11.8 and other provisions of this ordinance. If the planning commission [now planning board—see Charter § 5-201] has not made and adopted findings of fact with respect to the proposed sexually oriented business and either approved, approved with conditions or denied the issuance of the special land use permit within 60 days of its determination that a complete application has been filed, the special land use permit application shall be deemed to have been approved.

(Ord. No. 317, § 3, 3-10-1998; Ord. No. 389, 12-12-2006; Ord. No. 427, § 3, 1-14-2016)

1.

If the facts regarding the special land use being reviewed do not establish by a preponderance of the evidence that the standards and requirements set forth in this zoning ordinance will be met by the proposed use, the planning commission [now planning board—see Charter § 5-201] shall not approve the special land use application.

2.

In recommending approval of a special land use permit, the planning commission [now planning board—see Charter § 5-201] shall impose such reasonable conditions as it deems necessary to protect the best interests of the city and the general vicinity, to achieve the objectives of this ordinance and to assure [ensure] that the general public health, safety, and welfare will not be infringed upon.

3.

Approval of a special land use, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property.

4.

A record of conditions imposed shall be maintained. The conditions shall remain unchanged unless an amendment to the special land use permit is approved.

5.

A record of the decision of the planning commission [now planning board—see Charter § 5-201], the reasons for the decision reached, and any conditions attached to such decision shall be kept and made a part of the minutes of the planning commission [now planning board—see Charter § 5-201] and shall be filed with the city clerk, who will maintain record permanently.

1.

In cases where actual physical construction of a substantial nature of the structures authorized by a special land use permit has not commenced within one year of issuance, and a written application for extension of the approval has not been filed as provided in subsection 2 below, the permit shall automatically become null and void.

2.

Upon written application filed prior to the termination of the one year period, the planning commission [now planning board—see Charter § 5-201] may authorize a single extension of the time limit for a further period of not more than one year. Such extension shall only be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction within the one year extension.

3.

No application for a special land use permit which has been denied in whole or in part shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the planning commission [now planning board—see Charter § 5-201].

The general standards and requirements of section 11.2, Standards for approval, are basic to all uses authorized by a special land use permit. However, certain special land uses, because of their unique character and potential impacts on the welfare of adjacent properties and the City of Montrose, require additional specific requirements. Such uses are listed below with specific standards and regulations that must be met in addition to the general standard of section 11.2 and other sections of this zoning ordinance. Special land uses with specific site and/or use standards are described on the following pages:

1.

Sexually oriented businesses.

2.

Automobile service stations.

3.

Banks, savings and loan and credit unions, and other businesses with drive-through facilities.

4.

Bed and breakfast inns:

5.

Car washes, automatic or self-service.

6.

Churches.

7.

Commercial outdoor recreation establishments (excluding golf related uses).

8.

Commercial outdoor storage.

9.

Convenience stores with gasoline service.

10.

Extractive uses (commercial mining of sand, gravel, stone, and similar materials).

11.

Nurseries and garden centers.

12.

Home occupations.

13.

Restaurants and other establishments with drive-in facilities or drive-through windows.

14.

Salvage [yards] or junkyards.

(Ord. No. 305, § 1, 12-10-1996; Ord. No. 306, 3-11-1997; Ord. No. 317, § 4, 3-10-1998)

1.

Sexually oriented business.

a.

No sexually oriented business use shall be located within 1,000 feet of any other sexually oriented business use nor within 600 feet of any of the following uses:

(1)

All class "C" establishments licensed by the Michigan Liquor Control commission.

(2)

Pool or billiard halls.

(3)

Coin-operated amusement centers.

(4)

Teenage discos or dancehalls.

(5)

Roller skating rinks.

(6)

Any public park.

(7)

Any church.

(8)

Any public or private school having a curriculum including kindergarten or any one or more of the grades, one through 12.

Such distance shall be measured along the centerline of the street or streets or address between two fixed points on the centerlines determined by projecting straight lines at right angles from the part of the above listed uses nearest to the contemplated location of the structure containing the sexually oriented business use, and from the contemplated location of the structure containing the sexually oriented business use nearest to a use listed above.

b.

No sexually oriented business use shall be located within 500 feet of any area zoned residential. Such required distances shall be measured by a straight line between a point on a boundary line of a zoned residential area nearest to the contemplated structure or contemplated location of the structure containing the sexually oriented business use to a point on the contemplated structure or contemplated location of the structure containing the sexually oriented business use nearest to the boundary lines of a zoned residential area.

c.

All sexually oriented business uses shall be contained in a freestanding building. Enclosed malls, commercial strip stores, common wall structures, and multiuses within the same structure do not constitute a freestanding building.

d.

No sexually oriented business use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specific anatomical areas from any public way or from any property not regulated as a sexually oriented business. This provision shall apply to any display, decoration, sign, show window or other opening.

2.

Automobile service stations.

a.

There shall be a minimum lot area of 10,000 square feet and minimum lot width of 100 feet.

b.

Pump islands shall be a minimum of 15 feet from any public right-of-way or lot line.

c.

Access driveways shall be located at least 25 feet from the intersection of any street or any other driveway, as measured from the nearest intersecting street right-of-way line, or edge of an adjoining driveway, whichever is applicable, to the nearest edge of the access driveway.

d.

Where adjoining a residentially zoned district or use a solid fence or wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.

e.

Any repair work shall be conducted completely within an enclosed building.

f.

There shall be no storage of vehicle components and parts, trash, supplies, or equipment outside of a building.

g.

In the event that an automobile service station use has been abandoned or terminated for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises.

3.

Car washes, automatic or self-service.

a.

Only one ingress/egress driveway shall be permitted on any single street.

b.

Where adjoining residentially zoned or used property a solid fence or wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.

c.

Sufficient stacking capacity shall be provided to ensure that traffic does not extend into the street. Self-service car washes shall provide a minimum of four stacking spaces (including one in the wash stall) per each washing stall. Automatic washes shall provide a minimum of 15 stacking spaces (including two in the washing facility). Spaces in addition to the minimum required shall be provided if determined by the planning commission [now planning board—see Charter § 5-201] to be necessary to ensure that traffic does not extend into the street. Stacking shall be planned so as to minimize conflicts with entering and exiting traffic, pedestrians and parking areas.

4.

Banks, credit unions, savings and loan and other businesses with drive-through facilities.

a.

Only one ingress/egress driveway shall be permitted on any single street. If the use is located on a corner lot access to the drive-up facility shall be derived only from the street which carries the least amount of traffic at the time the application is approved, except that such access from any other street may be shared with an adjoining property.

b.

Sufficient stacking capacity for the drive-through facility shall be provided to ensure that traffic does not extend into the street. A minimum of five stacking spaces (including one space at the drive-through facility) per each drive-through facility station shall be provided.

Spaces in addition to the minimum required shall be provided if determined by the planning commission [now planning board—see Charter § 5-201] to be necessary to ensure that traffic does not extend into the street. Stacking shall be planned so as to minimize conflicts with entering and exiting traffic, pedestrians, and parking areas.

5.

Bed and breakfast inns.

a.

Parking areas shall be located off-street and shall not be located in any required front yard.

b.

No bed and breakfast inn shall be located closer than 300 feet to another bed and breakfast inn.

c.

Meals or other services provided on the premises shall only be available to residents, employees, and overnight guests in the inn.

d.

The dwelling unit in which the bed and breakfast establishment is located shall be the principal residence of the operator, and said operator shall live on the premises while the establishment is active.

6.

Churches.

a.

Minimum lot shall be one acre plus an additional 15,000 square feet for each 100 persons of seating capacity.

b.

Buildings of greater than the maximum height allowed may be allowed, provided front, side, and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.

c.

Wherever the off-street parking area is adjacent to a residential district, a continuous and obscuring wall, fence, and/or landscaping screen at least four feet in height shall be provided along the sides of the parking area adjacent to the residentially zoned land.

d.

The site shall be so located as to have at least one property line abutting a street classified as a major street or collector street on the City of Montrose Act 51 Map. Existing churches and church lands purchased before the effective date of this ordinance, and not meeting these requirements shall not be prevented from constructing and/or expanding their facilities.

7.

Commercial outdoor recreation establishments (excluding golf related uses).

a.

Such uses shall include, but need not be limited to, the following: recreational fields, rinks or courts, (including football, softball, soccer, tennis, basketball, ice skating, and similar activities) archery and shooting ranges, go-cart tracks, music concert pavilions and bandshells, amusement parks, and driving ranges open to the general public or operated by a private or nonprofit organization.

b.

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

c.

Provisions shall be taken, at the discretion of the planning commission [now planning board—see Charter § 5-201], to insure [ensure] that excessive dust, noise, traffic, lighting glare, and trespassing are not inflicted on adjacent properties.

8.

Commercial outdoor storage.

a.

A special land use permit for commercial outdoor storage shall be required whenever such stored goods are not owned and/or produced by the owner of the property on which they are stored.

b.

Any stockpiles of dirt or other materials shall be immediately covered to prevent dust or blowing of materials.

c.

All outdoor storage areas shall be paved and include a stormwater drainage system approved by the city engineer.

d.

No outdoor storage shall be permitted in the front yard or in any required side yard or required rear yard of buildings for the district in which the commercial outdoor storage use is located.

e.

Where an outdoor storage area is adjacent to a residential zoned district or use, a solid fence or wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.

9.

Convenience stores with gasoline service.

a.

Minimum lot area shall be 10,000 square feet and minimum lot width shall be 100 feet.

b.

Pump islands shall be a minimum of 15 feet from any public right-of-way or lot line.

c.

Access driveways shall be located at least 25 feet from the intersection of any street or any other driveway, as measured from the nearest intersecting street right-of-way line, or edge of an adjoining driveway, whichever is applicable, to the nearest edge of the access driveway.

d.

When adjoining a residentially zoned district or use, a solid fence or wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.

e.

In the event that the use of the property has been abandoned or terminated for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises by the owner of record.

f.

Off-street parking shall be permitted to occupy a portion of the required front yard provided that there shall be maintained an obscuring landscaped greenbelt of not less than ten feet wide between the nearest point of the off-street parking area, exclusive of access driveways, and the right-of-way line.

10.

Extractive uses (commercial mining of sand, gravel, stone, and similar materials).

a.

Extractive operations reasonably related to site development for building foundations, parking lot grading and preparation, grading for approved detention or retention ponds and/or intended to accommodate swimming pools, as determined by the zoning administrator, shall not require a special land use permit.

b.

All extractive uses shall be established and maintained in accordance with all applicable state statutes.

c.

The applicant shall submit a written statement describing:

(1)

The equipment to be used and the process involved;

(2)

A time period by which the excavation shall be completed, including a specified extension period should undue weather conditions arise;

(3)

Indication of the proposed use of the property following the extraction;

(4)

An approved reclamation plan;

(5)

An agreement to conform to the standards of the zoning ordinance;

(6)

Documentation that demonstrates to the satisfaction of the planning commission [now planning board—see Charter § 5-201] that the extractive activities will not produce any serious consequences which will adversely affect the natural topography, drainage patterns, water bodies, floodplains, street conditions, nearby property values or use of adjacent land. The planning commission [now planning board—see Charter § 5-201] may require separate environmental, engineering, traffic impact or marketing studies supporting the need for and minimal consequences of such extraction.

d.

The planning commission [now planning board—see Charter § 5-201] may require a performance bond or other guarantee to ensure compliance with the standards of this article. In addition, the planning commission [now planning board—see Charter § 5-201] may require an occupancy permit to allow extractive activities for a time not exceeding one year. The permit may be renewed upon the finding by the zoning administrator that the applicant has compiled with the requirements by the city and other appropriate agencies.

e.

In order to ensure sublateral support, no machinery shall be erected or maintained within 50 feet of any property line or street right-of-way; or within 200 feet of any residential district.

f.

Stormwater runoff shall be accommodated in a manner approved by the city engineer.

g.

Creation of a lake or pond shall only be permitted where the applicant can demonstrate using engineering and hydrologic studies that the water can be maintained in a nonpolluted condition; and that the applicant meets any requirements by the Michigan Department of Natural Resources.

h.

Truck routing shall be restricted to those streets designed to accommodate truck traffic on a yearround basis. The planning commission [now planning board—see Charter § 5-201] may restrict access routes to protect the character or surrounding areas and/or street pavement and base conditions.

i.

A reclamation plan shall be provided indicating final grades which are harmonious with surrounding grades and not in excess of five percent unless demonstrably necessary for the proposed reclamation land use. No topsoil shall be removed from the site; topsoil shall be redistributed properly upon completion of the extractive activities, or phase thereof.

j.

The planning commission [now planning board—see Charter § 5-201] may require that the site be enclosed with a six-foot high security fence with a locking access gate. Such fences shall be placed no closer than 50 feet to the top or bottom of any slope.

k.

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

l.

No building or structure shall be erected on the site, except as may be permitted in that zoning district or if approved as a temporary structure for machinery or field office.

m.

Proper measures shall be utilized to minimize the nuisance of noise and dust or airborne materials, as determined by the building administrator, and may include requirements on stockpiling size and/or covering of stockpiles.

11.

Nurseries and garden centers.

a.

The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the district.

b.

All loading activities and parking areas shall be provided on the same premises.

c.

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

12.

Home occupations.

13.

Restaurants and other establishments with drive-in facilities or drive-through windows.

a.

The main and any accessory building shall be set back 25 feet from any adjacent public right-of-way line or property line.

b.

Only one access shall be provided onto any street.

14.

Salvage [yard] or junkyards.

a.

The salvage yard shall be enclosed on all sides by a solid wall or fence at least six feet in height. The wall or fence shall be maintained in good repair and shall be free of handbills or other advertising. Nontransparent gates not exceeding 48 feet in width shall be permitted in the enclosure.

b.

Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the fence enclosing the yard.

c.

No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residence, business, or street from a height at or below the top of the fence enclosing the yard.

d.

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 storage 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.

e.

The property shall include at least three acres.

[f]g.

The front obscuring fence shall be set back the same distance as a building in the industrial zoning district, and all such fences shall be set back a minimum of 500 feet from any residential use or district.

[g]h.

In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours, provided that such activities shall not be conducted on Sundays or federally recognized holidays.

[h]i.

The applicant must demonstrate that the activities of the salvage [yard] or junkyard will comply with all state and federal regulations.

[i]j.

The planning commission [now planning board—see Charter § 5-201] may impose other conditions which have a reasonable relationship to the health, safety, and general welfare of the City of Montrose. These conditions can include a provision for an annual inspection by the city zoning administrator to ensure continuing compliance with the above standards.

(Ord. No. 305, § 1, 12-10-1996; Ord. No. 306, 3-11-1997; Ord. No. 317, § 5, 3-10-1998)