This chapter provides a set of procedures and standards for special uses of land or structures, which because of their unique characteristics require special consideration in relation to the welfare of adjacent properties and the community as a whole. The regulations and standards, herein, are designed to allow, on one hand, practical latitude for the applicant, but at the same time maintain adequate provision for the protection of the health, safety, convenience, and general welfare of the City of Muskegon Heights. For purposes of this ordinance, all special land uses within the various districts are subject to the conditions and standards of this chapter. In addition, particular special land uses shall conform to the specific standards cited in section 16.04, as applicable.

(Ord. No. 19-635, 9-23-19)

A.

An application for a special land use shall be submitted through the zoning administrator, accompanied by:

1.

The payment of an application fee or fees and any required escrow fee(s) as established by the city council.

2.

A completed application form, as provided by the city.

3.

Complete site plans as specified chapter 14.

4.

A narrative describing the proposed use(s).

B.

Applications for a special land use (if complete) shall be submitted at least 30 days prior to the next planning commission meeting.

C.

The application (if complete), along with the required site plan, shall be forwarded to the planning commission at its next scheduled meeting.

D.

The planning commission shall hold a public hearing on the application, noticed in accordance with section 17.10. The planning commission shall then review the application and other information available to it through the public hearing or from any other sources, including recommendations or reports from the city's planner, engineer, attorney, or other party, and shall approve, approve with conditions, or deny the request, and incorporate the basis for the decision and any conditions which should be imposed on an approval.

E.

No petition for special land use approval, which has been disapproved, shall be resubmitted for a period of one year from the date of disapproval, except as may be allowed by the zoning administrator after learning of new and significant material facts or substantially changed conditions that might result in favorable action upon re-submittal.

F.

A special land use approved pursuant to this chapter shall be valid for one year from the date of approval. Each development or use shall be under substantial construction within one year after the date of approval of the special land use, except as noted below.

1.

The planning commission may grant one six-month extension of the approval, provided the applicant requests the extension prior to the date of the expiration of the special land use approval.

2.

The extension shall be approved if the applicant presents reasonable evidence to the effect that the development or use has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period.

3.

If neither of the above provisions are fulfilled or the six-month extension has expired prior to construction, the special land use approval shall be null and void.

G.

The planning commission shall have the authority to revoke any special land use approval after it has been shown that the holder of the approval has failed to comply with any of the applicable requirements of this chapter, other applicable requirements of this ordinance, or any condition of the special land use approval. Prior to revocation, the planning commission shall conduct a public hearing following the notification procedures for the original approval.

(Ord. No. 19-635, 9-23-19)

Uses of land and/or development projects granted special land use status by the city prior to the adoption of this zoning ordinance may continue such approved status provided the rules, regulations, requirements, and conditions under which the special land use was approved are met.

(Ord. No. 19-635, 9-23-19)

A.

In addition to the standards established for specific uses herein, an application for a special land use shall be reviewed for compliance with the review standards for approval of site plans in chapter 14. Reasonable conditions may be placed upon a special land use approval (and the accompanying site plan).

B.

No special land use may be approved unless all of the following standards are met. Each application shall be reviewed for the purpose of determining that the proposed special land use will:

1.

Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance, with the existing or intended character of the general vicinity and that the use will not change the essential character of the area in which it is proposed.

2.

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

3.

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

4.

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

5.

The proposed use shall be sufficiently designed to maintain adequate provision for the protection of the health, safety, conveniences, and social and economic welfare of those who will use the special land use, residents and landowners adjacent to the special land use, and the community as a whole.

6.

The proposed use shall be consistent with the intent of this ordinance and the intent of the master plan.

7.

The use shall not create or substantially add to traffic hazards in the area.

8.

The proposed use shall not set precedents for development which could adversely affect the long-term plans or policies of the city.

9.

The proposed use shall not have significant adverse environmental, ecological or natural resource impacts.

10.

The proposed use shall not have significant adverse impacts upon adjoining properties or uses.

C.

The planning commission may impose additional conditions and safeguards on a special land use approval deemed necessary to accomplish the following purposes. Failure to comply with the conditions may result in the revocation of the special land use approval, pursuant to section 16.02G. Conditions imposed shall be those necessary to ensure that the proposed special land use will:

1.

Meet the intent and purpose of the zoning ordinance and the master plan.

2.

Relate to the standards established in the ordinance for the land use or activity under consideration.

3.

Ensure compliance with those standards.

4.

Protect the general welfare.

5.

Protect individual property rights.

6.

Ensure that the intent and objectives of this ordinance will be observed.

D.

The planning commission shall adopt a statement of findings and conditions relative to the special land use that specifies the basis for the decision and any conditions imposed.

(Ord. No. 19-635, 9-23-19)

The planning commission may require a performance guarantee or guarantees in accordance with section 17.04 to ensure compliance with any conditions associated with the granting of a site plan approval.

(Ord. No. 19-635, 9-23-19)

The general standards and requirements of section 16.04 are basic to all special land uses. The specific and detailed requirements set forth hereafter relate to particular uses and are requirements which shall be met by those uses in addition to the foregoing general standards and requirements. Any use listed in this ordinance not addressed as follows shall be reviewed under the general standards of section 16.04.

(Ord. No. 19-635, 9-23-19)

A.

Adult foster care, small and large group home.

B.

Adult oriented businesses.

C.

Banquet hall or conference center.

D.

Bed and breakfast establishment.

E.

Bus passenger or other transit station.

F.

Commercial "mini" storage warehouse.

G.

Convalescent or nursing home.

H.

Convenience stores with gasoline.

I.

Day care center (commercial).

J.

Drive-through facilities (banks, credit unions, pharmacies, etc.).

K.

Drive-through restaurant.

L.

Elderly housing.

M.

Elementary middle and high school (private).

N.

Fraternal or social club or lodge.

O.

Funeral home and mortuary.

P.

Hotel/motel.

Q.

Kennel.

R.

Open air business.

S.

Pawn shop.

T.

Recreation facility (outdoor).

U.

Recreation facility (indoor).

V.

Salvage or junk yard.

W.

Trade or industrial school.

X.

Vehicle repair facility.

Y.

Vehicle sales.

Z.

Vehicle service station.

AA.

Vehicle wash facility.

BB.

Veterinary hospitals and clinics.

CC.

Wind energy conversion systems.

DD.

Wireless communication towers.

EE.

Medical marihuana facilities.

Specific requirements by use.

A.

Adult foster care, small and large group home.

1.

Nonresidential parking setback and screening provisions apply.

2.

The facility shall be at least 1,500 feet from any other similar facility.

B.

Adult oriented businesses.

1.

It is the intent of this subsection to provide regulations controlling those uses that are recognized as having serious, objectionable, operational characteristics inducing a deleterious impact on adjacent uses and areas. Special regulations of these uses are necessary to ensure that the anticipated adverse impacts will not contribute to the blighting or downgrading of the surrounding neighborhood.

2.

No adult-oriented business shall be located within 500 feet of another adult-oriented business. For purposes of this subsection (2), and subsections (3) and (4) below, the distance between a proposed adult-oriented business and (a) another adult-oriented business, (b) the boundary of any land in the agricultural or any residential zoning district or approved as a planned unit development for residential purposes, or (c) land used for any single-family, two-family or multiple-family dwelling; city, county or state park; school; library; licensed childcare facility; playground; church or place of worship, shall be measured in a straight line from the nearest property line of the parcel of land upon which the proposed adult-oriented business is to be located to:

a.

The nearest property line of the parcel of land used for the other adult-oriented business;

b.

The nearest boundary of the land in the agricultural or any residential zoning district or approved as a planned unit development or a plat for residential purposes; or

c.

The nearest property line of the parcel of land used for a single-family, two-family or multiple-family dwelling; city, county or state park; school; library; licensed childcare facility; playground; church or place of worship.

3.

No adult-oriented business shall be located on a parcel or lot that is within 500 feet of the boundary of any land in the agricultural or any residential zoning district, or approved as a planned unit development for residential purposes.

4.

No adult-oriented business shall be located on a parcel or lot within 500 feet of any single-family, two-family or multiple-family dwelling; any city, county or state park; school; library; licensed child care facility; playground; church or place of worship.

5.

No adult-oriented business shall be located within any principal or accessory building or structure already containing another adult-oriented business.

6.

The proposed use shall conform to all requirements of the zoning district in which it is located.

7.

The proposed use shall be in compliance with all other ordinances of the city and with all statutes, laws, rules and regulations of the county, state and federal government and, to the extent required, all governmental approvals must be obtained.

8.

The outdoor storage of garbage and refuse shall be contained, screened from view and located so as not to be visible from neighboring properties or the adjacent right-of-way of a public street or private street.

9.

Any sign or signs proposed for the adult-oriented business shall comply with the provisions of this ordinance; may not otherwise include photographs, silhouettes, drawings, or pictorial representations of specified anatomical areas, specified sexual activities or obscene representations of the human form; and may not include animated or flashing illumination.

10.

Entrances to the proposed adult-oriented business must be posted on both the exterior and interior walls, in a location clearly visible to those entering and exiting the business, and using clearly marked lettering no less than two inches in height stating that:

a.

"Persons under the age of 18 are not permitted to enter the premises;" and

b.

"No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

11.

No product or service for sale or gift, or any picture or other representation of any product or service for sale or gift, shall be displayed so as to be visible by a person of normal visual acuity from the nearest adjoining right-of-way of a public street or private street or a neighboring property.

12.

Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Monday through Saturday. All adult-oriented businesses shall remain closed on Sundays and legal holidays.

13.

All off-street parking areas shall comply with this ordinance and shall be illuminated after sunset during all hours of operation of the adult-oriented business, and until one hour after the business closes. The illumination shall be designed to provide a minimum level of brightness of one foot candle, with a 3:1 uniformity ratio. The illumination shall not reflect on and shall be screened from adjoining properties.

14.

Any booth, room or cubicle available in any adult-oriented business, except an adult motel, that is used by patrons for the viewing of any entertainment characterized by the showing of specified anatomical areas or specified sexual activities shall:

a.

Be handicap accessible to the extent required by law;

b.

Be unobstructed by any floor, lock or other entrance and exit control device;

c.

Have at least one side totally open to a public, lighted aisle so that there is an unobstructed view of any occupant at all times from the adjoining aisle;

d.

Be illuminated such that a person of normal visual acuity can, by looking into the booth, room or cubicle from its entrance adjoining the public lighted aisle, clearly determine the number of people within; and

e.

Have no holes or openings in any side or rear walls not relating to utility, ventilation or temperature control services or otherwise required by any governmental building code authority.

15.

Establishments where uses subject to the control of this subsection are located shall not be expanded in any manner without first applying for and receiving the approval as provided herein. A special land use for adult-oriented businesses shall comply with the following requirements:

a.

Adult uses shall not be allowed within 500 feet of another existing adult use, or within 1,000 feet of any residential district, existing church, school, park or playground.

b.

All persons massaging any client or customer shall be certified as a massage therapist by the American Massage Therapy Association or be a graduate of a school of massage therapy that is certified by the State of Michigan, or have such other similar qualifications which shall be submitted to and approved by the planning commission. All massage clinics are subject to inspection from time to time by the zoning administrator and shall be required to file reports as may be required by the city, at least annually, as to the names and qualifications of each person who administers massages under the authority or supervision of the massage establishment. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Michigan, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not be construed to include a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area.

c.

Any sign or signs proposed for the adult use business shall comply with the requirements of this ordinance, and shall not include photographs, silhouettes, drawings, or pictorial representations of any type, nor include any animated illumination or flashing illumination.

d.

Signs shall be posted on both the exterior and interior walls of the entrances, in a location which is clearly visible to those entering or exiting the business, and using lettering which is at least two inches in height, that state:

(A)

"Persons under the age of 18 years are not permitted to enter the premises."

(B)

"No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

e.

No product for sale or gift, nor any picture or other representation of any product for sale or gift, shall be displayed so that it is visible by a person of normal visual acuity from the nearest adjoining streetway or adjoining property.

f.

A buffer strip may be required to screen the business use from nearby residential or institutional properties. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use the applicable provisions of section 14.04 when determining screening needs.

C.

Banquet hall or conference center.

1.

The lot shall have frontage on an approved paved road.

2.

The minimum lot size shall be two acres with a minimum of 200 feet of street frontage.

3.

Access to the site shall be located at least 100 feet from any intersection as measured from the nearest right-of-way line to the nearest edge of the intersection.

4.

Where the site abuts a residential district, screening shall be provided along that property line. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use section 14.04 when determining screening needs.

D.

Bed and breakfast establishment.

1.

The rooms utilized shall be part of a residential dwelling structure and do not involve alteration or construction not customarily found in single-family dwellings.

2.

A scaled floor plan of the premise shall be submitted to the city as part of the application.

3.

The bed and breakfast operation shall be the principal residence of the operator and the operator shall reside on the premises.

4.

The bed and breakfast shall have eight or fewer sleeping rooms, including sleeping rooms occupied by the operator.

5.

Sufficient paved off-street parking shall be provided for residential purposes, at the rate of one parking space per guest sleeping room and two spaces for the resident owner.

6.

One non-illuminated sign, not exceeding 16 square feet in total sign area, is permitted. The placement and design of signs shall not detract from the scenic environment or contribute to general traffic hazards.

7.

All refuse and/or trash containers shall be enclosed within a privacy fence or other suitable enclosure and shall not be located in the front yard.

8.

The conduct of all aspects of activities related to the use shall take place only within the main building.

9.

Lavatories and bathing facilities shall be available to all persons using any bed and breakfast operation.

10.

No premises shall be utilized for a bed and breakfast operation unless there are at least two exits to the outdoors from the premises. Rooms utilized for sleeping shall have a minimum size of 100 square feet.

11.

The structure shall remain a residential structure and the kitchen shall not be remodeled into a commercial kitchen.

12.

Meals shall be served only to residents and overnight guests.

13.

No receptions, private parties or activities for which a fee is paid shall be permitted except for those that involve registered guests.

14.

The maximum stay for any occupant of bed and breakfast operations shall be 14 consecutive days.

15.

No guest room shall be located in a basement or cellar.

E.

Bus passenger or other transit station.

1.

Minimum lot size shall be one acre with at least 150 feet of street frontage.

2.

The facility shall be located with direct access to a paved street.

3.

A vehicle waiting/drop off area of not less than ten spaces shall be provided on-site.

4.

Passenger loading areas shall be lighted. Lighting shall be shielded to prevent light from spilling or shining onto any residential district or use.

5.

Public access to the site shall be located at least 100 feet from any intersection as measured from the nearest right-of-way line to the nearest edge of the intersection.

6.

Where the site abuts a residential district, screening shall be provided along that property line. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use section 14.04 when determining screening needs.

F.

Commercial "mini" storage warehouse.

1.

The use shall be developed only on lots of at least two acres in size, but not more than five acres in size. No more than 60 percent of the lot may be used for buildings, parking lots and access.

2.

The lot shall abut and gain access from a public arterial street.

3.

A six-foot, solid fence of a material acceptable to the planning commission, shall entirely enclose the area occupied by the use. The fence shall be set back at least 30 feet from the front property line.

4.

The front yard, up to the fence, shall be landscaped in accordance with section 14.04.

5.

Minimum side and rear yards as specified for the district shall be maintained.

6.

There shall be a minimum of 35 feet between storage facilities for driveway, parking, and fire lane purposes. Where no parking is provided within the building separation areas, the building separation need only be 25 feet.

7.

Traffic direction and parking shall be designated by signs or painting.

8.

The lot area used for parking and access shall be provided with a paved surface and shall be drained so as to dispose of all surface water.

9.

Where the site abuts a residential district, screening shall be provided along that property line. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use section 14.04 when determining screening needs.

10.

The planning commission may require architectural features on the façade of any structure that is visible from a public street to ensure visual compatibility with surrounding uses.

G.

Convalescent or nursing home.

1.

Minimum lot size shall be three acres with at least 200 feet of street frontage.

2.

The lot location shall be such that at least one property line abuts a public arterial or collector street. The ingress and egress for off-street parking areas for guests and patients shall be directly from that thoroughfare.

3.

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

4.

The facility shall be designed to provide a minimum of 500 square feet of open space for every bed used or intended bed to be used. This open space shall include landscaping and include off-street parking, driveways, or required yard setbacks.

5.

Access to the site shall be located at least 100 feet from any intersection as measured from the nearest right-of-way line to the nearest edge of the intersection.

H.

Convenience stores with gasoline.

1.

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

2.

Sufficient on-site stacking capacity shall be provided for vehicles awaiting fueling. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the site.

3.

Access driveways shall be located no less than 150 feet from the right-of-way line of any street or 75 feet from the nearest edge of any other driveway.

4.

Outdoor speakers piping music or other continual sounds are prohibited.

5.

Pedestrian elements shall be incorporated into the site plan including such features as outdoor seating areas, safe walkways to the facility, including measures to separate pedestrian and vehicular traffic.

6.

Where the site abuts a residential district, screening shall be provided along that property line. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use section 14.04 when determining screening needs.

I.

Day care center (commercial).

1.

A facility shall not operate between the hours of 10:00 p.m. and 6:00 a.m. unless the main building and any play area are separated from any residence by more than 300 feet.

2.

Playground equipment shall not be located in a required side yard.

3.

All outdoor play areas shall be located a minimum of 50 feet from a residential district and enclosed with fencing, a minimum of four feet high which cannot be climbed.

4.

An off-street drop-off area shall be provided with the capability to accommodate at least two vehicles in addition to the parking normally required for employees.

5.

Activities associated with child care shall not be permitted in any accessory building, structure, or attached or detached garage other than the main building.

6.

There shall be provided on the site a useable outdoor area at the rate of at least 66 square feet for each child, or as required by the State of Michigan.

J.

Drive-through facilities (as part of another business), such as banks, restaurants, credit unions, pharmacies, etc.

1.

The accessory buildings or structures shall be set back a minimum of 60 feet from any adjacent right-of-way line.

2.

Public access to the site shall be located at least 100 feet from any intersection as measured from the nearest right-of-way line to the nearest edge of the intersection.

3.

Where the site abuts a residential district, screening shall be provided along that property line.

4.

The site shall be designed to provide adequate stacking space.

5.

Outdoor speakers for the drive-through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.

6.

Where the site abuts a residential district, screening shall be provided along that property line. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use section 14.04 when determining screening needs.

K.

Drive-through restaurant.

1.

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

2.

Sufficient stacking capacity on site shall be provided for the drive-through portion of the operation to ensure that traffic does not extend into the public right-of-way. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property or parking spaces by vehicles not using the drive-through portion of the facility. The stacking space requirement may be reduced by the planning commission based on the nature of the restaurant, provided sufficient reason is provided as to the reduction, but in no case shall fewer than six spaces be provided.

3.

In addition to parking and stacking space requirements, at least two standing or parking spaces shall be provided in close proximity to the exit of the drive-through portion of the operation to allow for customers waiting for delivery of orders.

4.

Setback areas shall be landscaped in accordance with section 14.04.

5.

Access driveways shall be located no less than 150 feet from the right-of-way line of any street or 75 feet from the nearest edge of any other driveway.

6.

Menu/speaker boards shall be provided that minimize verbal feedback. Speakers shall be located, positioned and controlled to minimize noise impacts.

7.

Pedestrian elements shall be incorporated into the site plan including such features as outdoor seating areas, safe walkways to the restaurant, including measures to separate pedestrian and vehicular traffic in the areas nearest drive through windows.

8.

Where the site abuts a residential district, screening shall be provided along that property line. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use section 14.04 when determining screening needs.

L.

Elderly housing.

1.

The minimum lot size shall be at least one acre with a minimum of 2,400 square feet of lot area per dwelling unit (18.15 dwelling units per acre).

2.

The number of dwelling units in an elderly housing project may exceed the 20 units per building by no more than 50 percent (ten units per building) if the facility is licensed by the State of Michigan for nursing care or as a home for the aged. If the facility is not licensed by the State of Michigan, the number of units may exceed 20 units per building by no more than 25 percent (five units per building).

3.

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

4.

A covered drop-off and pick-up area shall be provided on-site in close proximity to the main entrance.

5.

Walkways shall be provided from the main building entrances to the sidewalk along the adjacent public or private street(s).

M.

Elementary, middle and high school (private).

1.

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

2.

Maximum height of buildings shall not exceed 45 feet.

3.

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

4.

Where the site abuts a residential district, screening shall be provided along that property line. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use section 14.04 when determining screening needs.

N.

Fraternal or social club or lodge.

1.

The site shall have at least one property line abutting a public collector street.

2.

All vehicular ingress and egress to the site shall be directly from a public thoroughfare, unless otherwise approved by the planning commission.

3.

Public access to the site shall be located at least 100 feet from any intersection as measured from the nearest right-of-way line to the nearest edge of the intersection.

4.

Where the site abuts a residential district, screening shall be provided along that property line. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use section 14.04 when determining screening needs.

O.

Funeral home and mortuary.

1.

The minimum lot area shall be one acre with at least 150 feet of street frontage.

2.

A well-designed and landscaped off-street vehicle assembly area shall be provided on site to be used in support of funeral procession activity. This area shall not obstruct internal circulation within the required off-street parking area or its related maneuvering space.

3.

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

4.

The proposed site shall front upon a paved public collector street. All ingress and egress shall be from that thoroughfare.

5.

Public access to the site shall be located at least 100 feet from any intersection as measured from the nearest right-of-way line to the nearest edge of the intersection.

P.

Hotel.

1.

The minimum lot area shall be one acre and minimum lot width shall be at least 150 feet.

2.

Parking areas shall have a minimum front yard setback of 20 feet and side and rear yard setbacks of ten feet.

3.

Ingress and egress shall be from a paved major public street.

4.

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

5.

Maximum building height shall not exceed the height limits of the district.

Q.

Kennel.

1.

The minimum lot size shall be at least two acres for the first ten animals, plus one additional acre for each additional five animals.

2.

All buildings or areas in which the animals are kept or exercised shall be set back a minimum of 50 feet from any adjoining property.

3.

A screened/landscaped area shall be provided between all buildings or areas in which the animals are kept or exercised, and any adjacent residential use or district.

4.

Animal waste shall be managed to prevent odors and other nuisances.

5.

A kennel permit shall be obtained from the Muskegon County Animal Control Department or successor public agency.

R.

Open air business.

1.

Minimum lot area shall be one acre.

2.

Minimum lot width shall be 200 feet.

3.

The planning commission may require a six-foot fence or wall to be constructed along the rear and/or sides of the lot to keep trash, paper, and other debris from blowing off the premises.

4.

The planning commission may, to ensure strict compliance with any regulation contained herein and required as a condition of special land use approval, require the permittee to furnish a performance bond in accordance with section 17.04.

5.

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

6.

Ingress and egress shall be provided from a paved public street and shall be at least 100 feet from an intersection.

7.

All lighting shall be shielded from adjacent properties.

8.

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

9.

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

10.

Where the site abuts a residential district, screening shall be provided along that property line. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use section 14.04 when determining screening needs.

S.

Pawn shop.

1.

The lot shall have frontage on a paved public street.

2.

The lot shall be located such that it is at least 300 feet from the lot line of any property on which is situated a public library, public or private school, playground, play field, church or hospital.

3.

Outdoor storage is prohibited.

4.

The facility shall be properly licensed by the state and adhere to rules promulgated for second-hand stores.

T.

Recreation facility (outdoor).

1.

The facility shall be located on a minimum lot size of two acres; plus an additional 15,000 square feet for each 100 seating capacity or fraction thereof in excess of 100 members.

2.

The facility shall have a minimum of 200 feet of street frontage on a paved public collector street.

3.

Access driveways shall be located no less than 150 feet from the centerline of the intersection of any street or 50 feet from any residential driveway.

4.

The main and accessory buildings and structures shall not be located within 50 feet of any residential district.

5.

Lighting for parking or outdoor activity areas shall be shielded to prevent light from spilling or shining over the property line.

6.

Where the use abuts property within a residential district, a transitional strip at least 30 feet in width shall be provided along that property line. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the transition strip.

7.

A minimum of 100 feet shall separate all uses, operation, and structures permitted herein, including fences, from any public street or highway uses for access or exit purposes. This area shall be landscaped in accordance with plans approved by the planning commission.

8.

Where the site adjoins a residential district, outdoor loudspeaker systems shall not be used.

9.

The intensity level of sounds leaving the site shall not exceed 55 decibels (dBA) at the lot line of residential uses.

U.

Recreation facility (indoor).

1.

The location, design, and operation of billiard halls, bowling centers, etc. with amusement machines shall not adversely affect the continued use, enjoyment, and development of adjacent properties.

V.

Salvage or junk yard.

1.

The lot shall be no closer than 500 feet to any residential district, public buildings, church, hospital, institution for human care, day nursery or school.

2.

Ingress and egress to the facility shall be only from a public arterial street. The planning commission may approve access by other streets if it finds that the access point will further minimize impacts on other properties.

3.

The site shall be a minimum of ten acres in size if there is any outdoor storage and a minimum of two acres in size if all material is stored within a completely enclosed building.

4.

All outdoor storage areas shall be enclosed and set back at least 100 feet from any front street or 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 in accordance with the requirements of section 14.04.

5.

Adequate parking and unloading facilities shall be provided on site so that no loaded vehicle at any time stands on a public right-of-way awaiting entrance to the site.

6.

Whenever the use abuts a residential district, a buffer strip at least 100 feet in width shall be provided between the enclosed area and the adjoining district. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use section 14.04 when determining screening needs.

7.

An enclosed solid fence, wall or earthen berm at least six feet in height, shall be provided and maintained around the periphery of the site.

8.

The outdoor storage of trash or rubbish shall be screened in accordance with section 14.04.

9.

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

10.

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.

11.

All streets, driveways, parking lots, and loading and unloading areas within any junk yard shall be paved, watered, or chemically treated so as to limit the nuisance caused by wind-borne dust on adjoining lots and public streets.

12.

The operation shall be licensed by the Michigan Secretary of State to sell any used vehicle parts or tow non-operational vehicles.

13.

Any hazardous substances require secondary containment and conformance with all state or federal requirements.

W.

Trade or industrial school.

1.

Such schools shall be located on a minimum lot size of two acres and have direct access to a major or minor public arterial street.

2.

Access driveways shall be located no less than 150 feet from the centerline of the intersection of any street or 50 feet from any residential driveway.

3.

The main and accessory buildings and structures shall not be located within 50 feet of any residential district.

4.

Lighting for parking or outdoor activity areas shall be shielded to prevent light from spilling or shining over the property line.

5.

Where the site abuts a residential district, screening shall be provided along that property line. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use section 14.04 when determining screening needs.

X.

Vehicle repair facility.

1.

The minimum lot size shall be one-half acre with a minimum of 150 feet of frontage on a public arterial street.

2.

The facility shall meet all pertinent licensing requirements of the State of Michigan, the County of Muskegon and the City of Muskegon Heights.

3.

All buildings, structures, and equipment shall be located at least 20 feet from any right-of-way line, and not less than 20 feet from any side or rear lot line.

4.

No part of any drive or curb opening shall be located nearer than 75 feet to any intersection or less than 50 feet from any adjacent residential district property line. No drive shall be located nearer than 75 feet, as measured along the property line, to any other driveway measured to the nearest part of the access driveway to the nearest part of the other driveway.

5.

All lubrication equipment, hydraulic hoists, and pits shall be enclosed entirely within a building and all repair, servicing or other related activities shall take place within the building.

6.

Parking and storage areas for disabled, wrecked, or partially dismantled vehicles awaiting repair shall be paved with asphalt or poured concrete, and parking of such vehicles shall not exceed a maximum of three vehicles. This area shall be screened from the view of any abutting property. The planning commission shall approve the method of screening.

7.

A landscaped, planted open space of a minimum of ten feet in depth shall be provided along the full frontage of the site.

8.

All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by a six-foot sight obscuring wall or fence. No outside storage area shall exceed an area of 200 square feet. A plan for proper disposal shall be required for all waste products incidental to this use.

9.

The rental of trucks, trailers, and any other vehicles on the premises shall not occupy required setbacks or parking areas.

10.

All exterior lighting shall be erected and hooded so as to shield the glare of such lights from spilling or shining onto adjacent property.

11.

Where the site abuts a residential district, a minimum 20-foot buffer strip shall be provided along that property line. Grass, plant materials, and sight-obscuring fences or walls, of a type approved by the planning commission, shall be placed within the buffer strip. The planning commission shall use when determining screening needs.

12.

Where applicable, vehicle queuing space shall be provided in front of each service bay for at least two vehicles.

13.

Hours of operation shall not have an adverse effect on adjoining areas and be subject to planning commission review and approval.

14.

The use shall be supported by certain infrastructure features, including paved streets, natural gas, public water supply, and public sanitary sewer.

15.

The applicant shall submit a pollution incidence protection plan (PIPP) as part of the application. The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as: special check valves, drain catch basins and automatic shut off valves.

Y.

Vehicle sales.

1.

Such use shall meet all pertinent licensing requirements of the State of Michigan, the County of Muskegon and the City of Muskegon Heights.

2.

All buildings, structures, and equipment shall be located at least 50 feet from any right-of-way line, and not less than 30 feet from any side or rear lot line.

3.

A landscaped, planted open space of a minimum of ten feet in depth shall be provided along the full frontage of the site.

4.

No part of any drive or curb opening shall be located nearer than 75 feet to any intersection or less than 50 feet from any adjacent residential district property line. No drive shall be located nearer than 75 feet, as measured along the property line, to any other driveway measured to the nearest part of the access driveway to the nearest part of the other driveway.

5.

The minimum lot width shall be 250 feet and the minimum lot area one acre.

6.

The planning commission may require a six-foot, solid wall or solid fence along a side or rear lot line abutting a residential district.

Z.

Vehicle service station.

1.

The lot shall be a minimum of three-quarters of an acre with a minimum street frontage of 150 feet.

2.

The lot shall have direct access to a public arterial street.

3.

Vehicle fuel stations and their accessory uses (except parking areas) and buildings shall be located not less than 50 feet from any right-of-way line or from any side or rear lot line abutting a residential district.

4.

The planning commission may require a six-foot, solid wall or solid fence along a side or rear lot line abutting a residential district.

5.

Accessory vehicle related facilities located on the premises such as wash facilities, and vehicle repair are allowed if they obtain separate special land use approvals pursuant to this chapter.

6.

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

7.

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

8.

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

9.

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

10.

The applicant shall submit a pollution incidence protection plan (PIPP) as part of the application. The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as: special check valves, drain catch basins and automatic shut off valves.

AA.

Vehicle wash facility.

1.

The minimum lot area shall be one-half acre with a minimum street frontage of 100 feet.

2.

The lot shall have immediate access to a public arterial street.

3.

Additional vehicle related facilities located on the premises such as motor vehicle service facilities are allowed if approved as a special land use pursuant to this chapter.

4.

All washing activities shall be within a building.

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

The minimum front yard setback for the structure shall be 50 feet; minimum side yard setback shall be 25 feet; minimum rear yard setback shall be 50 feet.

12.

The entrances and exits of the facility shall not be from an adjoining residential street or alley. A street or alley shall not be used as a maneuvering or parking area for vehicles using the facility.

13.

The entire site, other than the portion occupied by the building and landscaping, shall be surfaced with concrete or bituminous surfacing to control dust and provide adequate drainage.

14.

There shall be no above-ground outdoor storage/dispensing tanks on the site.

15.

When adjoining a residential district, a six-foot high wall or fence shall be erected and maintained along the connecting interior lot line or other landscaping providing a six-foot high barrier may be approved by the planning commission pursuant to the requirements of section 14.04.

16.

All lighting shall be shielded from adjacent residential districts or uses.

17.

The outdoor storage of trash or rubbish shall be screened in compliance with section 14.04.

18.

All washing activities shall be conducted within a completely, or partially enclosed structure, except one "tall" vehicle washing area is permitted.

19.

Vacuuming activities shall be at least 25 feet from any lot line except where the property abuts a residential district in which case a 50-foot separation shall be maintained.

20.

All drains shall be connected to a public sanitary sewer system.

21.

Vehicle wash facilities shall not be operated between the hours of 11:00 p.m. and 8:00 a.m.

BB.

Veterinary hospital and veterinary clinic.

1.

Outdoor areas in which animals are kept, such as runs, pens, and/or exercise areas, shall not be located closer than 100 feet to any residential district and shall not be located within any required yard area.

2.

Outdoor runs, pens, and/or exercise areas that face residential districts shall be screened with a six-foot high fence. Suitable shade, including some natural vegetation shall be provided around these outdoor areas.

3.

All indoor and outdoor hospital and clinic areas, runs, pens, and/or exercise areas shall be maintained to create safe and suitable environments for animals, including the daily elimination of animal waste.

CC.

Wind energy conversion system. These facilities may be a principal use or an accessory use on a parcel.

1.

Minimum lot size for a commercial WECS shall be ten acres, but a minimum of five acres of site area is required for each WECS proposed within an eligible property. Minimum lot size for a noncommercial WECS shall be two acres.

2.

In addition to the requirements for site plan review and approval, the following information shall be included with any application for a special land use for a WECS:

a.

Location of overhead electrical transmission or distribution lines.

b.

Location and height of all buildings, structures, towers, guy wires, guy wire anchors, security fencing, and other above ground structures associated with the WECS.

c.

Locations and height of all adjacent buildings, structures, and above ground utilities located within 300 feet of the exterior boundaries of the site housing the WECS. The boundaries to include the outermost locations upon which towers, structures, fencing, facilities, and other items associated with a WECS are placed. Specific distances to other on-site buildings, structures, and utilities shall be provided.

d.

A proper buffer or greenbelt to screen the use from any adjacent residential district or use and the public road.

e.

Existing and proposed setbacks of all structures located on the property in question.

f.

Sketch elevation of the premises accurately depicting the proposed WECS and its relationship to all structures within 300 feet. For wind farms in which case numerous towers of similar height are planned, sketches are necessary only at borders of proposed project and when adjacent to other established structures within 300 feet.

g.

Access road to the WECS facility with detail on dimensions, composition, and maintenance.

h.

Planned security measures to prevent unauthorized trespass and access.

i.

WECS maintenance programs shall be provided that describes the maintenance program used to maintain the WECS, including removal when determined to be obsolete.

3.

A copy of the manufacturer's installation instruction shall be provided. Included as part of or as an attachment to the installation instructions shall be standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings provided along with engineering data and calculations to demonstrate compliance with the structural design provisions of the building code; drawings and engineering calculations shall be certified by a registered engineer licensed to practice in the State of Michigan.

4.

Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code. Additionally, WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the city.

5.

No part of a WECS shall be located within or above any required front, side or rear yard setback of the Zoning District in which it is located.

6.

WECS towers shall be setback from the closest property line one feet for every one foot of system height.

7.

WECS shall not be located within 30 feet of an above ground utility line.

8.

The height of a WECS shall be measured from grade to the height of the blade in the vertical position or the highest point of the WECS, whichever is greater. Maximum height for a commercial WESC shall be 200 feet for a commercial WECS and add maximum height of 130 feet for a noncommercial WECS.

9.

WESC shall be of monopole design and shall not have guy wires.

10.

Colors and surface treatment of the WECS and supporting structures shall minimize disruption of the natural characteristics of the site. No part of the structure shall be used for signs or advertising.

11.

Blade-arcs created by the WECS shall have a minimum of 30 feet of clearance over any structure, land or tree within a 200-foot radius of the tower.

12.

To prevent unauthorized climbing, WECS towers must comply with one of the following provisions:

a.

Tower climbing apparatus shall not be located within 12 feet of the ground.

b.

A locked anti-climb device shall be installed on the tower.

c.

Tower capable of being climbed shall be enclosed by a locked, protective fence at least six feet high.

13.

Each WECS shall have one sign, not to exceed two square feet in area posted at the base of the tower. The sign shall contain the following information:

a.

Warning high voltage.

b.

Manufacturer's name.

c.

Emergency phone number.

d.

Emergency shutdown procedures.

14.

WECS shall not have affixed or attached any lights, reflectors, flashers or any other illumination, except for illumination devices required by federal regulations.

15.

WECS shall be designed and constructed so as not to cause radio and television interference.

16.

Noise emanating from the operation of WECS shall not exceed 65 decibels, as measured on the dBA scale, measured at the nearest property line. Estimates of noise levels shall be provided by applicant for property lines for normal operating conditions.

17.

Any proposed WECS shall not produce vibrations humanly perceptible beyond the property on which it is located.

18.

The on-site electrical transmission lines connecting the WECS to the public utility electricity distribution system shall be located underground.

19.

The WECS shall be located and designed such that shadow flicker will not fall on, or in, any existing residential structure.

20.

The city hereby reserves the right upon issuing any WECS special land use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.

21.

Any WECS which are not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. The city shall require a performance guarantee.

DD.

Wireless communication tower.

1.

The lot size shall be a minimum of 20,000 square feet.

2.

The tower shall be of a monopole design unless an alternative design can be presented that blends suitably in the city landscape.

3.

The tower shall be set back from all lot lines a minimum distance equal to one-half the height of the tower. All other buildings, structures, and guy wires shall meet the minimum setback requirements of the zoning district.

4.

A security fence at least six feet in height shall be constructed around the tower and supports.

5.

Where possible, joint use of tower facilities, including city elevated storage tanks, shall be required in order to minimize the number of separate towers and individual locations throughout the city. As a condition of approval, the applicant shall agree to permit future users to share the tower facility and shall demonstrate that it is not feasible to locate the proposed tower on public lands or co-locate on an existing tower.

6.

Unless located on the same site or tower with another user, no new tower shall be erected within a one-half mile radius of an existing radio, television, cellular, or wireless communications tower.

7.

No signs, except warning or other cautionary signs shall be permitted on the site.

EE.

Medical marihuana. Provisioning centers are allowed as a special land use permitted in I-1, I-2 and C-3 zoning districts with the following conditions:

1.

They may not be located within 500 feet of an active school or church.

2.

They may only operate between the hours 8:00 a.m. and 8:00 p.m.

3.

Signage shall be limited to one sign, no larger than 25 square feet and shall not use the word marihuana/marijuana, cannabis or any other word or phrase which would depict marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or any other rendering which would depict marihuana/marijuana be displayed on a sign or any part of the building. Windows shall remain free and clear of all advertising.

4.

The following amenity requirements must be met:

a.

Buildings must have a canopy or decorative awning over the main entrance to the building.

b.

Metal bars and gates are prohibited over windows. The interior of all windows may have security shutters that give the appearance of shutters or window shades.

c.

There shall be ornamental lighting on the exterior of the building at all ingress and egress doors.

d.

Decorative landscaping shall be provided with irrigation. All new construction projects shall require underground sprinkling.

e.

The building shall be equipped with an activated carbon filtration system for odor control and be maintained in working order.

f.

All activities of a provisioning center shall be conducted within the structure and out of public view. Walk-up and drive thru windows are not permitted.

g.

There must be a security presence in place on the property at all times, either by licensed security guard(s) and/or security cameras. A floor plan with security details is required.

(Ord. No. 19-635, 9-23-19)

In the event that a special land use approval is granted, the individual or successor in interest as to the property involved shall not use the property in question such that it would exceed the rights granted by the special land use approval or any conditions attached thereto or fail to follow or comply with any conditions or requirements thereof. In the event that the use of the property exceeds those rights given by the special land use approval or conditions attached thereto, or the property owner fails to follow the conditions placed upon the special land use or any requirements of this ordinance, the special land use shall terminate immediately. Alternately, in such cases, the planning commission shall also have the authority to terminate a special land use approval after reasonable notice and hearing.

(Ord. No. 19-635, 9-23-19)