(a)

Intent. These use permit review procedures are instituted to provide an opportunity to use a lot or parcel for an activity which, under certain circumstances, might be detrimental to other permitted land uses and should not be permitted within the same district, but which use can be permitted under circumstances unique to the proposed location and subject to conditions acceptable to the community and providing protection to adjacent land uses. These procedures apply to those special land uses which are specifically designated in this chapter.

(b)

General standards. For all special land uses, a site plan shall be submitted to the New Baltimore Planning Commission and shall conform to the requirements and procedures for site plan review as described in article II. The city council, after a recommendation from the planning commission, shall have sole power to approve or disapprove all special land uses. If the plans meet the required standards of this chapter and indicate no adverse effect which, in the opinion of the city council, could cause injury to the residents, users of adjoining property, or the city as a whole, the city council shall approve the use. In all other instances, the city council may deny or approve, with conditions, requests for special land use approvals. In considering all applications for special land uses, the city council and planning commission shall review each case on an individual basis as to its conformity, and the proposed special land use must meet and satisfy each of the following general standards, as well as the standards for each special land use.

(1)

The proposed special land use will be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and/or vicinity and applicable regulations of the zoning district in which it is to be located.

(2)

The use will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements, routes of traffic flow and parking lot circulation, proximity and relationship to intersections, adequacy of sight distances, location and access to off-street parking and provisions for pedestrian traffic, with particular attention to minimizing pedestrian vehicle conflicts.

(3)

The proposed use will be designed so that the location, size, intensity, site layout and periods of operation of the proposed use eliminate any possible nuisance emanating therefrom which might be objectionable to the occupants of any other nearby uses.

(4)

The proposed use will be designed so that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

(5)

The proposed use will relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the city.

(6)

The proposed use has been designed to relate harmoniously with existing environmental, aesthetic, cityscape and surrounding neighborhood amenities.

(7)

The proposed use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.

(8)

The proposed use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district.

(c)

Procedures.

(1)

The proposed site plan, which meets the requirements of article II and the application for special land use, shall be submitted to the city offices at least 20 business days prior to the meeting of the planning commission. Copies of the application and site plan shall be submitted to the planning commission, building inspector, planning consultant, city engineer and other city advisors, as necessary (fire, police, etc.). The planning commission may request comments from county, state or local agencies, as they deem necessary.

(2)

Upon receipt of an application (which shall also include the proposed site plan), the application shall go in front of the planning commission, who will then set a public hearing. At the time the planning commission sets the public hearing, the city shall publish a notice of public hearing in a newspaper of general circulation in the City of New Baltimore; and the city shall follow the procedures of the state law by giving notice by mail or personal delivery to the owners of property for which approval is being considered; and the city shall give notice to all persons to whom real property is assessed within 300 feet of the boundary of the property in question.

(d)

Planning commission review.

(1)

The planning commission shall review the application after proper notice has been given as required by state law.

(2)

The commission shall base its recommendations upon review of the individual standards for that special land use, the general standards of this section, and the specific standards for each use. The commission shall recommend approval of the application, with any suggested conditions the commission may find necessary, or recommend disapproval of the application. The decision on a special land use shall be incorporated in a statement of findings and conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

(e)

City council action. After receipt of the planning commission's recommendation, the city council shall consider the application for approval, conditional approval, or disapproval. If a public hearing before the city council is requested as provided by state law, then the council, after proper notice, shall hear any person wishing to express an opinion on the application.

(1)

Approval. If the city council determines that the particular special land use(s) meets the eight standards outlined for special land use approval, it shall clearly set forth in writing the particular use(s) which have been allowed. Thereafter, the enforcing officer may issue a building permit in conformity with the particular special land use so approved. In all cases where a particular special land use has been granted as provided herein, application for a building permit in pursuance thereof must be made and received by the city not later than one year thereafter, or such approval shall automatically be revoked. Provided, however, the city council may grant an extension thereof for good cause shown under such terms and conditions and for such period of time as it shall determine to be reasonable and appropriate.

(2)

Denial. If the city council shall determine that the particular special land use(s) requested does not meet the standards of this chapter or otherwise will tend to be injurious to the public health, safety, welfare or orderly development of the city, it shall deny the application by a written endorsement which clearly sets forth the reason for such denial.

(3)

Conditional approval. The city council may impose such conditions or limitations in granting approval as may be permitted by state law and this chapter which it deems necessary to fulfill the spirit and purpose of this chapter.

(4)

Record. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed. This record shall be on file in the clerk's office, as well as being made a part of the site plan or building records for that parcel.

(f)

Conditions.

(1)

The city council may impose such conditions or limitations in granting approval as may be permitted by State law and this chapter which it deems necessary to fulfill the spirit and purpose of this chapter. The conditions may include:

a.

Conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity;

b.

Protecting the natural environment and conserving natural resources and energy;

c.

Insuring compatibility with adjacent uses of land; and

d.

Promoting the beneficial use of land in a socially and economically desirable manner.

(2)

Conditions imposed shall meet each of the following:

a.

Be designed to protect natural resources; the health, safety and welfare, as well as the social and economic well-being, of those who will use the land use or activity under consideration; residents and landowners immediately adjacent to the proposed land use or activity; and the community as a whole.

b.

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

c.

Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in this chapter for the land use or activity under consideration; and be necessary to insure compliance with those standards.

(Ord. No. 158, § 10.00, 9-22-2008)

(a)

All repair activities shall be confined to the interior of the building.

(b)

No outdoor storage shall be permitted.

(Ord. No. 158, § 10.01, 9-22-2008)

(a)

The facility shall provide adequate outdoor open space and recreational area.

(b)

There shall be a minimum of 400 square feet of floor area per bed on the premises.

(c)

There shall be at least one parking space on site for every two employees and for every two residents capable of driving a car.

(Ord. No. 158, § 10.02, 9-22-2008)

(a)

The cemetery shall have direct access to a public road which is capable of carrying the traffic without interfering with the residential subdivision.

(b)

The minimum site size shall be 40 acres.

(c)

Crematoriums shall be centrally located on the cemetery property and shall be a minimum of 500 feet from any property line.

(d)

A cemetery shall provide decorative fencing around the entire perimeter of the site.

(Ord. No. 158, § 10.03, 9-22-2008)

Churches, private or parochial schools and church halls may be permitted upon the finding that the buildings and uses meet the requirements of section 60-211 and the following conditions:

(1)

The church shall have direct access to a public road which is capable of carrying the traffic without interfering with the residential subdivision.

(2)

No off-street parking shall be permitted in the required front yard.

(3)

No church hall or school shall be located closer than 50 feet to any property line. When such buildings are located adjacent to an existing residence or to an existing residential district, a greenbelt or wall shall be constructed.

(Ord. No. 158, § 10.04, 9-22-2008)

Community service clubs, lodges, catering or renting halls, fraternal organizations, and the like may be permitted, subject to the following requirements:

(1)

All ingress and egress shall be directly onto a public road designated as a major or secondary thoroughfare on the city's adopted master plan.

(2)

No building shall be closer than 50 feet to any property line.

(3)

Where the proposed use is adjacent to any one-family residential district, a greenbelt shall be constructed between the proposed use and the residential district according to the standards of article IX.

(4)

No off-street parking shall be permitted in the required front yard area.

(Ord. No. 158, § 10.05, 9-22-2008)

(a)

No outdoor storage is permitted unless in the industrial district.

(b)

Barbed wire/razor wire fencing shall not be permitted.

(Ord. No. 158, § 10.06, 9-22-2008)

The principal building shall be located at least 500 feet from any property zoned for residential use.

(Ord. No. 158, § 10.07, 9-22-2008)

(a)

The site and use shall be located on a major or secondary thoroughfare having a right-of-way equal to or greater than 120 feet.

(b)

Any freestanding drive-thru facility located in a shopping center shall be aesthetically compatible in design and appearance with the other buildings and uses located in the shopping center. In making this determination, the planning commission shall consider the architectural design of the building, the signage and the landscaping to ensure that the design and appearance of the developed site is compatible with the design and appearance of the remainder of the shopping center.

(c)

Drive-thru service shall be permitted only if a satisfactory traffic pattern for the drive-thru lane can be established to prevent traffic congestion and the impairment of vehicular circulation for the remainder of the development. Vehicle stacking lanes shall not cross any maneuvering lanes, drives or sidewalks.

(d)

In no instance shall multiple drive-thrus be permitted unless all drive-thrus on the site are controlled and operated by a single tenant. Multiple businesses, each having a distinct advertising identity, that are owned by the same parent company, shall not be considered a single tenant.

(e)

Devices for electronically amplified voices or music shall be directed or muffled to prevent any such noises from being audible at any lot line.

(Ord. No. 158, § 10.08, 9-22-2008)

(a)

Vehicular ingress and egress from the site shall be directly onto a major thoroughfare, except that it may be permissible to allow vehicles to exit from the facility onto a public alley.

(b)

All vehicles waiting or standing to enter the facility shall be provided offstreet waiting space, and no vehicle shall be permitted to wait on the public right-of-way as part of the traffic approach.

(c)

An on-site, 50-foot long drying lane shall be required at the exit point of the car washing facility or an alternate means of collecting and drying water shall be provided.

(d)

A 15-foot greenbelt shall be provided between all property lines.

(Ord. No. 158, § 10.09, 9-22-2008)

(a)

Sufficient off-street automobile parking and assembly area is provided for vehicles to be used in a funeral procession. The assembly area shall be provided in addition to any required off-street parking area. A circulation plan identifying the arrangement of the vehicular assembly area shall be provided as part of the required site plan.

(b)

The site shall be located so as to have one property line abutting a major or secondary thoroughfare of at least 120 feet of right-of-way, existing or proposed.

(c)

Loading and unloading area used by ambulances, hearses or other such service vehicles shall be obscured from all residential view by a wall six feet in height.

(Ord. No. 158, § 10.10, 9-22-2008)

(a)

The site for the gasoline service station shall have 120 feet of frontage on the principal street serving the station.

(b)

The site shall contain an area of not less than one-half of an acre.

(c)

All buildings shall observe front yard setbacks plus ten feet. For purposes of this Section, gasoline pumps and pump islands shall not be considered buildings.

(d)

In order to facilitate pedestrian circulation and safety, no parking or standing of customer vehicles shall be permitted in the area immediately adjacent to any customer entrance or payment window.

(Ord. No. 158, § 10.11, 9-22-2008)

(a)

Fencing shall be required next to residential uses or districts. All outdoor play areas shall be enclosed.

(b)

The requested site and building shall be consistent with the visible characteristics of the neighborhood. The group day-care home shall not require the modification of the exterior of the dwelling nor the location of any equipment in the front yard.

(c)

The proposed use, if approved, may have one nonilluminated sign that complies with the City of New Baltimore Sign Ordinance [chapter 42 of this Code].

(d)

The proposed use, if approved, shall be inspected for compliance with these standards prior to occupancy and at least once each year thereafter within ten days of the anniversary of the certificate of occupancy.

(e)

Evidence of state licensing shall be provided to the city.

(Ord. No. 158, § 10.12, 9-22-2008)

(a)

Home occupations may be permitted in a residential district. Home offices that do not result in more traffic than is normal for residential districts shall be considered a permitted use and do not require special land use approval. All other home occupation requests shall be subject to the requirements of subsection 60-224(b). No person other than members of the family residing on the premises shall be engaged in such occupation.

(b)

Type II home occupation site requirements.

(1)

The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and, not more than 25 percent of the floor area of the dwelling unit shall be used for the purposes of the home occupation and shall be carried out completely within such dwelling.

(2)

There shall be no change in the outside appearance of the structure or premises or other visible evidence of the conduct of such home occupation.

(3)

Such home occupation shall not require internal alterations or construction, equipment, machinery, or outdoor storage not customary in residential areas.

(4)

One nonilluminated nameplate, not more than two square feet in area, may be permitted.

(5)

There shall be no sales of any goods, articles or services on the premises, except such as is produced by such approved home occupation.

(6)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be provided by an off-street area, located other than in a required front yard.

(c)

Handicapped persons applying for home occupation permits may be excused from certain provisions of this section by the planning commission, based on necessity.

(Ord. No. 158, § 10.13, 9-22-2008)

(a)

All housing for the elderly shall be constructed on parcels of at least two acres and may provide for the following:

(1)

Cottage-type dwellings and/or apartment-type dwelling units.

(2)

Common services containing, but not limited to, central dining rooms, recreational rooms, central lounge and workshops.

(b)

All dwellings shall consist of at least 400 square feet per unit (not including kitchen and sanitary facilities).

(c)

Total coverage of all buildings (including dwelling units and related service buildings) shall not exceed 40 percent of the total site, exclusive of any dedicated public right-of-way.

(d)

Business uses shall be permitted on the site when developed as retail or service uses clearly accessory to the main use, within the walls of the main structure, and totally obscured from any exterior view. No identifying sign for any such business or service use shall be visible from any exterior view. Such businesses or services shall not exceed 25 percent of the floor area at grade level.

(e)

All proposals for housing for the elderly shall be reviewed against the standards for such housing as published by the Michigan State Housing Development Authority. The MSHDA standards shall be used only as a general guide for the review to assure minimum adequacy and shall not limit the requirements placed on the use by the City of New Baltimore.

(Ord. No. 158, § 10.14, 9-22-2008)

(a)

All ingress and egress shall be directly onto a paved public road designated as a major thoroughfare on the city's master plan.

(b)

All outdoor lighting shall be installed in such a manner that it will not create a driving hazard or will not cast direct illumination on adjacent properties.

(c)

An obscuring greenbelt shall be provided adjacent to any residential zoned district which shall prevent automobile headlights from shining onto the adjacent residential district. All greenbelts shall be planted according to the major screening requirements of article IX.

(d)

There shall be a landscaped area of at least 15 feet between the street property line and the parking areas.

(Ord. No. 158, § 10.15, 9-22-2008)

(a)

Such use shall be completely enclosed by a fence constructed of unpierced wood or metal vertical boards or panels not less than eight feet in height, which shall be maintained in a condition of good repair.

(b)

The area between the front fence and the front site line shall be completely landscaped and maintained with lawn and coniferous trees and shrubs.

(c)

Parking shall only be permitted within the fenced enclosure.

(d)

The site shall not abut property zoned for residential use.

(e)

The site shall not be within 1,000 feet of a residential use.

(Ord. No. 158, § 10.16, 9-22-2008)

Large-scale recreation uses, such as golf courses, driving ranges, ball fields, riding stables, camper and tent parks, and picnic grounds, may be permitted, provided they meet the following conditions:

(1)

The site shall be a minimum of 20 acres in size.

(2)

No active recreation facilities or activities shall take place within 30 feet of the perimeter of the recreation area. All recreation activities shall be adequately screened from abutting property, either by distance or a greenbelt.

(3)

Related accessory commercial uses may be permitted in conjunction with the recreation use when it is clearly incidental to the main recreation character of the use. Such related accessory uses shall not include the sales, servicing or repair of any vehicles or equipment used on the site, except that owned by the proprietor.

(Ord. No. 158, § 10.17, 9-22-2008)

(a)

The site shall contain a minimum of 150 square feet of outdoor play area for each child and shall not be less than 3,000 square feet in total.

(b)

The use shall be screened from adjacent residential uses or residentially zoned properties by a fence or greenbelt.

(c)

Adequate facilities are available for drop-off and pick-up of children.

(d)

The proposed use, if approved, shall be inspected for compliance with these standards prior to occupancy and at least once each year thereafter within ten days of the anniversary of the certificate of occupancy.

(e)

Evidence of state licensing shall be provided to the city.

(Ord. No. 158, § 10.18, 9-22-2008)

(a)

The planning commission shall determine if the area designated for an outdoor café use significantly hinders the movement of pedestrian traffic. In order to allow adequate pedestrian traffic areas and emergency access around outdoor dining areas, the following dimensional requirements must be observed: At least five feet, or such additional space as the planning commission deems necessary based on site conditions and pedestrian volume, of unobstructed space must be maintained past the outside dining area for sidewalk pedestrian traffic in order to ensure a clear pedestrian passageway along the sidewalk. Additionally, all ADA requirements shall be met. In order to achieve a continuous pedestrian walkway, the pedestrian passageway shall be a straight line, parallel to the building face and curb line, for the entire length of the dining area.

(b)

An unobstructed clearance of five feet must be maintained between a fire hydrant and any furniture or fixtures related to outdoor dining. This may be increased by the planning commission if deemed necessary for public safety.

When located on public sidewalks, the building official shall, on a case-by-case basis after approval, require adjustments to the layout, dimensions, or distance from the property line of any outdoor dining area to ensure pedestrian visibility of the ground floor of buildings that adjoin those with outdoor dining areas.

(c)

The perimeter of the outdoor café shall be delineated by setting up a physical barrier, such as decorative planters, walls (on private property) or a decorative railing to physically separate café patrons from pedestrian traffic. The outdoor dining café railing shall be at least 30 inches and not more than 36 inches high. The café railing shall be constructed of a decorative material such as black or silver metal, wrought iron or similar quality material that is durable and in keeping within the aesthetic qualities of the district. On private property, a brick wall is also permitted to create the required barrier. Photographs or physical samples of the railings and all furnishings shall be provided to the planning commission for approval at the time of application review.

Furnishings shall consist solely of readily removable awnings, umbrellas, railings (on public property), tables, chairs, and planters containing plants (on public property). Furnishings may not be attached, even in a temporary manner, to other public property, except that covers and railings may be secured by means of flush mounted anchors in a manner to be approved by the planning commission. No objects which are part of an outdoor café, except lighting fixtures, railing, awning, or other non-permanent covers, may be attached, even in a temporary manner, to any building, or structure on which the outdoor café abuts. When the associated establishment and the outdoor café are not open for daily use, all furnishings and fixtures shall be removed from public property or stored in an approved manner which shall not cause a public hazard.

(d)

All barriers used for outdoor cafés serving alcohol shall conform to Michigan Liquor Control Commission M.L.C.C. regulations.

(e)

Tables, chairs, umbrellas and any other objects provided with the outdoor café shall be of quality design, materials and workmanship both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the urban environment.

(f)

All electrical wiring and fixtures associated with or part of the outdoor café shall be installed and remain in conformance with the appropriate codes of the City of New Baltimore.

(g)

Tall tables and tall seating for tables shall not be permitted in the public right-of-way. As used in this section, a "tall table" is defined as any table with a table-top surface higher than 32 inches above the ground, and "tall seating" is defined as chairs, seats, stools or benches designed or intended for use with tall tables.

(h)

The outside dining area must be kept sanitary, neat and clean at all times. It shall be free from accumulation of food, litter, snow, ice, and other potentially dangerous or unsanitary matter. No food preparation is permitted in the outside dining area.

(i)

If proposed on public right-of-way a permit for use of public right-of-way shall be obtained from city council.

(Ord. No. 158, § 10.19, 9-22-2008; Ord. No. 216, § 8, 2-26-2018)

(a)

All outdoor areas designated for retail sales shall be enclosed by a decorative fence or masonry wall. The planning commission shall approve the height of said wall or fencing.

(b)

A greenbelt with a minimum width of seven feet shall be provided around such fencing in all areas where no entrance/exit gate is located.

(c)

Storage of materials shall maintain a setback of 50 feet from any property zoned for residential use.

(Ord. No. 158, § 10.20, 9-22-2008)

(a)

The lot or area shall be provided and maintained with a permanent, durable and dustless surface constructed of either asphalt or concrete and shall be so graded and drained as to dispose within the site of all surface water accumulated within the area.

(b)

The location of the site shall be upon a street with a right-of-way of at least 120 feet (existing or proposed) and shall contain no fewer than 40,000 square feet.

(c)

Such use shall be located no closer than 200 feet from any single-family zoning district.

(d)

No vehicle repair, bumping, painting or refinishing shall be done on the site. Cleaning and refurbishing of vehicles or units shall be permitted if done completely within an enclosed building.

(e)

Devices for the transmission or broadcasting of voices and/or music shall be prohibited.

(f)

The applicant shall be required to meet all parking standards set forth in article VIII unless a three-foot high decorative masonry wall has been provided around all outdoor vehicle sales areas. In addition, ornamental landscaping shall be located around the exterior of such wall.

(Ord. No. 158, § 10.21, 9-22-2008)

(a)

The lot or area shall be provided and maintained with a permanent, durable and dustless surface constructed of either asphalt or concrete and shall be so graded and drained as to dispose within the site of all surface water accumulated within the area.

(b)

The location of the site shall be upon a street with a right-of-way of at least 120 feet (existing or proposed) and shall contain no fewer than 40,000 square feet.

(c)

Such use shall be located no closer than 500 feet from any single-family zoning district.

(d)

No vehicle repair, bumping, painting or refinishing shall be done on the site. Cleaning and refurbishing of vehicles or units shall be permitted if done completely within an enclosed building.

(e)

Devices for the transmission or broadcasting of voices and/or music shall be prohibited.

(f)

The applicant shall be required to meet all parking standards set forth in article VIII unless a three-foot high decorative masonry wall has been provided around all outdoor vehicle sales areas. In addition, ornamental landscaping shall be located around the exterior of such wall.

(Ord. No. 158, § 10.22, 9-22-2008)

(a)

The lot or area shall be provided and maintained with a permanent, durable and dustless surface constructed of either asphalt or concrete and shall be so graded and drained as to dispose within the site of all surface water accumulated within the area.

(b)

The location of the site shall be upon a street with a right-of-way of at least 120 feet (existing or proposed) and shall contain no fewer than 40,000 square feet.

(c)

Such use shall be located no closer than 500 feet from any single-family zoning district.

(d)

Devices for the transmission or broadcasting of voices and/or music shall be prohibited.

(e)

The applicant shall meet all outdoor storage requirements of section 60-235.

(Ord. No. 158, § 10.23, 9-22-2008)

(a)

Any such use must be completely enclosed with screening in accordance with the requirements of section 60-57 and subsection (b) below.

(b)

No improvements for such use shall be erected closer to the site boundary lines than permitted in the building setbacks for the industrial district. No storage use shall be closer than 100 feet to the outer perimeter (property lines) of the district where said property lines abut any residential district or border other than an industrial district, and such space shall be fully landscaped and fenced at the setback line. Corner lot side yards must equal the setback requirements for the front yard on the street side as referenced herein.

(c)

Whenever a different material is to be stored other than what was approved in the original request, a new approval shall be required from the planning commission.

(d)

Uses expressly prohibited under this section include the following:

(1)

Junkyards, including used auto parts.

(2)

Used building materials.

(3)

Storage of combustible or odoriferous materials.

(4)

Composting facilities.

(Ord. No. 158, § 10.24, 9-22-2008)

Public utilities, electric and gas lines, gas storage fields, oil and gas pipelines, transformer stations and other utility or services which traverse the City of New Baltimore and do not directly serve the individual homes may be permitted, subject to the following requirements:

1.

Utility lines and pipelines shall follow section or quarter-section lines or mile roads, wherever possible. Major overhead utility lines shall be permitted to parallel road rights-of-way only when there is no feasible alternate route, or when such route would benefit the environment and/or the residents of the city, or where there is no other reasonable route.

2.

Buildings and related uses must be screened and/or landscaped so that they do not adversely affect the surrounding properties or neighborhood. They shall also meet or exceed all the area, height or bulk requirements of the zoning district in which they are located.

3.

It shall be shown in the review that every reasonable precaution has been taken to provide maximum safety to the residents within the vicinity, as well as a minimum of interference in their normal daily living patterns.

4.

All lines or pipes shall follow existing utility lines, corridors, or existing easements where possible and reasonable.

(Ord. No. 158, § 10.25, 9-22-2008)

(a)

Minimum site size: Five acres.

(b)

The site shall abut a roadway designated as either a major or secondary thoroughfare in the City of New Baltimore Master Plan.

(c)

There shall be provided an area of at least 100 square feet for each animal, including the area devoted to interior kennel space and runs.

(d)

All interior building areas used for the keeping of animals shall be soundproofed.

(e)

All animals shall be kept in soundproofed buildings between 8:00 p.m. and 8:00 a.m.

(f)

Exterior dog runs and non-soundproofed interior buildings shall not be located closer than 200 feet to any lot line.

(g)

Soundproofed interior buildings shall be located at least 100 feet from any property line.

(h)

Exterior areas for the keeping of dogs shall be provided with fencing capable of confining the animals.

(i)

All exterior dog runs shall be screened from view by adjoining parcels and the public road.

(j)

The design and appearance of buildings used as animal boarding places shall be consistent with surrounding uses.

(k)

One parking space shall be provided for every five kennel runs.

(l)

All kennel runs and interior building areas shall have concrete floors or a suitable equivalent that can be easily cleaned.

(Ord. No. 158, § 10.26, 9-22-2008)

(a)

The minimum lot size shall be equal to 1½ that required for single-family residential lots in that district.

(b)

Maximum height of any structure, minimum yard setbacks per lot, maximum lot coverage of all buildings, and rules regarding accessory buildings are the same as those for that residential district.

(c)

Off-street parking spaces shall consist of a parking lot, driveway, garage, or combination thereof for each dwelling unit. Such parking spaces shall be equally accessible for all residents and shall be located on the premises they are intended to serve. All such parking shall provide not less than two offstreet parking spaces per dwelling unit. Off-street parking shall not be permitted in any required front yard.

(d)

A two-family dwelling unit may only be permitted on a collector road or more intense designation, as designated in the master plan, or on a corner lot of a local roadway.

(e)

An accessory apartment or granny apartment in owneroccupied, singlefamily dwellings may be permitted, provided that:

(1)

The apartment will be a complete, separate housekeeping unit.

(2)

Only one apartment will be created within an owner occupied, single-family house.

(3)

The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units on the premises.

(4)

The accessory apartment shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a one-family residence. In general, any new entrances shall be located on the side or in the rear of the building.

(5)

The design and size of the apartment conforms to all applicable standards in the health, building, and other codes.

(6)

The accessory apartment shall be clearly a subordinate part of the single-family dwelling. In no case shall it be more than 30 percent of the building's total floor area.

(Ord. No. 158, § 10.27, 9-22-2008)

(a)

Purpose and intent. The general purpose of this section is to authorize wireless communications towers, while still maintaining the community integrity, as well as the general character, property value, and aesthetic quality of the city.

(1)

Wireless communication towers, including their respective transmission towers, relay and/or or receiving antennas, and normal accessory facilities involved in television, radio, microwave, cable systems, cellular, personal communication and similar communication services and facilities, shall be permitted as a special land use in the industrial zoning districts, when found to be needed or desirable to the public convenience or welfare and in conformance with the following requirements: It is noted that communication towers do not fall under the classification of essential services and may in no way be regulated as such.

(2)

New towers may be located in the I (industrial) zoning districts after special land use approval.

(3)

The development of new structures, stealth, concealed antennas, or such appurtenances on existing buildings or structures may be permitted in exceptional cases in other zoning districts, subject to special land use by the planning commission and the city council. Such approval would require a unique approach with no adverse impacts on the surrounding residential properties or adjacent neighborhoods.

(4)

The co-location of a wireless antenna on an existing tower shall also require special land use approval.

(b)

Requirements of the applicant.

(1)

The applicant shall demonstrate that the tower is required in this general area and shall submit the grid patterns necessary for their system as part of such documentation. The city may also request that the applicant provide a map or overlay identifying all of the tower locations, search rings, or coverage area within the City of New Baltimore and the nearest adjoining units of government which are within a three-mile radius of the applicant's site. The city may also require the applicant to show why a cable based, fiber optic, or similar system cannot or should not be used in lieu of a wireless communication tower.

(2)

In order to maximize the efficiency of providing such services, while minimizing the impact of such facilities on the city, co-location of such facilities on an existing tower or other existing structure is required, when physically feasible. The applicant shall have reviewed public sites, existing towers, tall buildings, or similar structures which are, or may be, capable of providing adequate service. If collocation is deemed not feasible, the applicant shall furnish written documentation as to why a co-location at another site or facility is not feasible and whether they have, in fact, contacted the owners of existing facilities to determine if co-location is possible.

(3)

A written explanation of the design characteristics and ability of the structure(s) and attendant facilities to withstand winds, ice and other naturally occurring hazards shall be submitted for all towers and antennas. This technical documentation of any information regarding these concerns may be required by the planning commission or city council.

(4)

The development of any such facility, together with accessory uses, shall be in such a location or be of a size and character as to be compatible with the orderly development of the zoning district in which it is situated, and shall not be detrimental to the orderly and reasonable development or use of properties in the adjacent areas or the community atlarge. Furthermore, the location and improvement of facilities, as provided for herein, shall also be subject to the following additional requirements:

a.

The site shall be of such size and shape that the proposed tower facility may be developed in compliance with all requirements of the city, and any such tower/antenna shall not exceed 175 feet in height.

b.

The tower site shall be landscaped to obscure the view of the tower base, accessory buildings, and/or protective fences from any public right-of-way in accordance with article IX of this chapter. Greenbelts or landscaped berms may also be required along any residential zoning district. A six-foot fence shall enclose the site.

c.

The city encourages innovative designs and utility pole camouflage as practical solutions for minimizing the visual pollution impact on residential neighborhoods or the motoring public. Monopole (stealth or equivalent type) antenna structures may be required where such are technologically feasible.

d.

Setback requirements will be determined in relation to the tower/antenna design and collapse data as stated in subsection (b)(3). Minimum setback requirements, unless otherwise provided for, are as follows:

1.

When adjacent to nonresidential zoning districts, the setback shall not be less than the overall height of the tower/antennas. This setback requirement shall also apply to any accessory buildings. If the design and collapse data for the tower properly documents its ability to collapse down upon itself, the setback requirements to any side or rear yard property line abutting a nonresidential zoning district may be reduced to one-half the overall height of the tower. In no instance shall any tower facility be located within a front yard.

2.

When adjacent to any residential zoning district, the tower setback shall not be less than the overall height of the tower/antennas, plus 50 feet. If the design and collapse data for the tower properly documents its ability to collapse down upon itself, the setback requirement to any side or rear yard property line abutting any residential district may be reduced to the overall height of the tower/antennas. In no instance shall any tower be located within a front yard.

3.

Further modifications to setbacks may be considered when it is documented that the adjacent property is unbuildable due to wetlands, floodplains or other significant limitations. It shall also be determined that there will be no adverse impacts as a result of such development.

e.

All new tower construction should provide for multiple antennas or multiple facilities upon the tower to encourage co-location. Leasing terms or the lease document must be provided (refer to subsection (b)(8)).

f.

A visual simulation (rendered drawing to scale) may be required in a district that is within or abuts a sensitive or extremely visible areas as deemed by the planning commission. This simulation should include existing structures and natural elements and the tower's relation to those elements.

(5)

In addition to site plan review for new or reconstructed towers, the planning commission, upon deeming it necessary, shall require an independent third party review of an application. Such review shall be conducted by a professional engineer specializing in this type of communication technology and will be paid for by the applicant. The requirement for such a review shall be based on one or more of the following findings:

a.

The applicant has not substantiated a need for a proposed tower to the satisfaction of the commission.

b.

The applicant has been unable to disprove the ability to co-locate on an existing tower or structure to the satisfaction of the commission.

c.

The applicant has not substantiated the structural safety of a structure to be commensurate with the requested setback.

d.

The data supplied by the applicant is determined to be disorganized, confusing or misleading by the commission.

e.

The applicant has not substantiated that alternative technology cannot be utilized as a substitute to the proposed tower construction.

(6)

All structures, buildings, and required improvements shall comply with all other applicable codes and ordinances, including Federal Aviation Agency and Federal Communications Commission standards and shall be continuously maintained in a safe and complying condition. The permit may include a requirement for periodic structural and safety inspections and reports, as deemed necessary by the building official.

(7)

The applicant shall submit a letter agreeing that should any tower/antenna facility, approved under this Section, cease to be used for its approved use, for more than 90 continuous days or more than 90 days of any 120 day period it shall be removed from the site within 180 days of such cessation. The lease shall also state such conditions. Removal of the tower/antenna and its accessory use facilities shall also include removing the top three feet of the caisson upon which the tower is located and covering the remaining portion with top soil. The letter of agreement may include a financial guarantee, to insure removal of all facilities approved under the special use permit. Any such agreement, including any financial guarantee, shall be in a form acceptable to the city's attorney. The financial guarantee may also include a provision for periodic adjustments to the guarantee according to changes in the Consumers Price Index or other similarly established and accepted price indexes.

(8)

The applicant shall provide a letter of intent to lease any excess space on a tower facility and commit itself to:

a.

Promptly responding to any requests for information from a potential co-user of their tower/antenna;

b.

Negotiate in good faith and allow for leased, shared use of the facility, when it is technically practical; and

c.

Make no more than a reasonable charge for a shared use lease.

(c)

Planning commission decisions. The record of the planning commission and city council shall include substantial evidence to support such decision. The written findings and conclusions shall be contained in the minutes of the Commission.

(Ord. No. 158, § 10.28, 9-22-2008)

(a)

Purpose and intent.

(1)

The planned unit development (PUD) concept is intended to provide a degree of flexibility in the regulation of land development and the arrangement of uses. Through this option, more creative approaches to development can be utilized which take advantage of the special characteristics of the land than would otherwise be possible through the strict enforcement of this chapter. The specific objectives of this article are to:

a.

Require innovation in land use and variety in design, layout and type of structures constructed; while preserving the intent and integrity of the city Master Plan.

b.

Preserve significant natural resources.

c.

Achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities.

d.

Require the provision of useful open space.

e.

Permit flexibility in the placement, lot area and building type regulations, while assuring the application of sound site planning standards.

(2)

The planned unit development (PUD) regulations herein shall be applied to the initiation and regulation of all planned unit development projects. Where there are conflicts between the PUD regulations herein and general zoning, subdivision, or other regulations or requirements, the PUD regulations shall apply for the project. PUDs may be permitted in any zoning district subject to city approval. PUD projects shall follow the same public hearing procedures as a special land use. One public hearing shall be held during the planning commission's review of the PUD application, and one public hearing shall be held during the city council's review of the PUD application.

(b)

Development agreement. A development agreement shall be provided and reviewed by the planning commission and agreed to by both the applicant and the city. Final approval of said development agreement shall be made by the city council. The agreement shall include the following:

(1)

A timetable for the development and completion of the proposed project.

(2)

A site plan meeting all submission requirements of article II, site plan approval requirements of the City of New Baltimore Zoning Ordinance [this chapter] as deemed necessary for conceptual review by the planning commission. Residential site plans shall include the street layout and the number and type of dwelling units proposed for each phase. Nonresidential phases shall include at least the building footprint, street layout, square footage of each structure, and the location and number of spaces in all parking areas.

(3)

The identification of at least 40 percent of the gross site acreage as nonconvertible open space. Open space shall be defined as follows: All areas within the development, not individually owned or part of a limited common area, which are designed and intended to preserve open land resources for the common use and enjoyment of the residents of the entire development for any of the following uses: recreation, forestry and/or open space conservation, wetland areas, prairies, meadows, community gardens, or agricultural uses. The open space requirements shall not be met by land uses such as rights-of-way or easements designated for road or utility purposes, areas within lots, detention/retention ponds (and associated land surrounding the ponds), golf courses or other commercial recreational uses, or land area dedicated as limited commons.

(4)

A development impact statement that provides an assessment of all environmental features on the site, a traffic study and an economic impact study for the site.

(5)

A phasing plan, if applicable. Phasing shall be provided in such a manner to ensure overall compliance with the overall PUD.

(6)

A description of all architectural themes and materials used for each building including architectural renderings.

(7)

A coordinated sign package.

(8)

All necessary legal documents.

(c)

Criteria for approval. Upon receipt of an application for a PUD, the planning commission shall review said application to determine if the proposal meets the eight standards for special land use approval outlined in section 60-211 of this chapter. In addition to meeting these eight standards, the commission shall find that the plan addresses the following issues:

(1)

A suitable development agreement has been provided outlining the specific design of the site including, parking arrangement, building footprint, building design and materials, landscaping and infrastructure improvements. Said agreement provides the city with a reasonable guarantee that what will be constructed is what has been agreed to by both the city and the applicant.

(2)

The plan provides for safe, efficient, convenient and harmonious groupings of structures, uses and facilities; for appropriate relation of space inside and outside buildings to intended uses and structural features; and for preservation of desirable natural or historic features. In particular, streets, drives and parking and service areas shall provide safe and convenient on-site circulation, as well as safe and convenient access to dwelling units, general facilities and for service and emergency vehicles.

(3)

The planning commission shall review the positive and negative impacts of the proposed PUD to determine if the PUD development provides benefits that substantially outweigh that which would be achieved under the conventional standards of this chapter.

(4)

The proposed PUD meets the intent of the city's master plan.

(d)

Decision and final approvals. The planning commission shall recommend to the city council approval or denial of the PUD and development agreement presented by the applicant. After receiving a recommendation of approval or denial of the PUD and the draft development agreement, the applicant shall submit the draft development agreement to the city attorney for review. Following the review and acceptance of the development agreement by the city attorney, the PUD and development agreement shall be forwarded to the city council. The city council shall consider the recommendations made by the planning commission and all city consultants in making a decision to approve or deny the PUD plan and final draft of the development agreement. Prior to making a final decision, the city council may require revisions to the PUD plan and development agreement, as is deemed necessary to further the objectives of this section.

(1)

Application for the approval of each phase of the development shall be submitted and regulated under the standard site plan review process outlined in article II, as well as criteria (1)—(4) outlined above in subsection (c).

(2)

Each phase of the project shall be in compliance with the approved PUD and development agreement signed and approved by the city. The PUD and development agreement shall not be amended without a majority vote of approval by the city council, after review and recommendation by the planning commission. All amendments to the site plan and/or development agreement shall follow the same review procedures as outlined for the initial PUD approval. Development within the PUD property shall not be permitted to appeal specific standards of this chapter to the ZBA unless otherwise stated in the development agreement.

(Ord. No. 158, § 10.29, 9-22-2008)

(a)

The owner shall maintain records of all sales for a minimum of five years. These records shall be made available to the city upon request.

(b)

The hours of operation for said establishment shall be included as part of the record for an approval under the special land use requirements.

(Ord. No. 169, § 4, 6-28-2010)

(a)

Locational requirements:

(1)

The primary ingress and egress to the site shall be from a major thoroughfare.

(b)

Site requirements:

(1)

The minimum setback distance of a building from a side or rear lot line shall be at least 50 feet.

(2)

Noise producing activities, such as ambulance and delivery areas, laundry, and power generation shall not be located closer than 200 feet from any residential area. This distance may be reduced to 100 feet when these activity areas are located on the opposite side of the building that faces the residential area.

(c)

Buffering requirements:

(1)

Ambulance and delivery areas shall be obscured from all residential view with a wall at least six feet in height. Said wall shall further be in accordance with section 60-182 of this zoning ordinance or shall be part of a principal building wall that is at least six feet tall.

(2)

Parking areas shall be screened from adjacent residentially zoned or residential uses by a buffer area of at least 20 feet in width, which shall include a six-foot high decorative masonry wall, an obscuring landscape buffer area, or a combination of the above, with suitable plant materials (see sections 60-182 and 60-183 of this chapter for wall and landscaping details).

(3)

All lighting shall be shielded away from the public right-of-way and neighboring residential lots, and all requirements of section 60-189 shall be met.

(d)

Performance standards:

(1)

All hospitals shall be licensed by the State of Michigan.

(2)

Hospitals shall conform to all applicable city, county, state, and federal laws.

(Ord. No. 213, § 4, 8-14-2017)

Bed and breakfast facilities are allowed in the CB, BT, and WR zoning district subject to special land use approval and the following minimum requirements:

(1)

The single-family dwelling, used as a bed and breakfast, must have some aspect of architectural or historical significance as determined by the planning commission.

(2)

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

(3)

The bed and breakfast operation shall be the operator's principal residence, and the operator shall reside on the premises. It shall be presumed that the property is the principal residence of the owner if there is a principal residence emption on file with the city.

(4)

The maximum stay for any bed and breakfast guest shall be 14 consecutive days.

(5)

The bed and breakfast sleeping room(s) shall occupy no more than 50 percent of the dwelling unit floor area.

(6)

Rooms utilized for sleeping purposes shall have a minimum size of 100 square feet.

(7)

Lavatories and bathing facilities shall be available to all guests.

(8)

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

(9)

Meals shall be served only to residents and overnight guests.

(10)

No receptions, private parties, or activities for which a fee is paid shall be permitted on the premises except those involving registered guests.

(11)

A parking area to accommodate two spaces for the owner-operator, and one space for each sleeping room is required. Such parking shall not be located in the required front yard, or on grass.

(12)

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

(13)

All refuse containers shall be enclosed within a privacy fence or other suitable enclosures. Refuse containers shall not be located in the front yard.

(14)

The bed and breakfast must be compliant with all fire and building codes.

(Ord. No. 254, § 1, 10-24-2022)