New Haven City Zoning Code

Purpose. The purpose of this article shall be to:

Requirement established. Special land use review and approval shall be required for all specified land uses in all zoning districts which are listed as special land uses in this chapter. All applications for special land use review and approval shall include a site plan prepared in conformance with the submission, content and design criteria in § 515-100, Site plan review. All special land use review and approval requests shall be subject to a public hearing by the Planning Commission prior to a final decision on the application.

Application, submittal and review procedures. All special land use review and approval requests in all districts shall be applied for and reviewed in accordance with the following: Applicant may request preapplication conference with Zoning Administrator, Planning Commission Chair or designee, and Village planning consultant to discuss the proposal, submittal and review procedures, ordinance criteria, and site plan design guidelines (optional, but strongly recommended). Application with fee for preapplication conference is to be submitted to Village Clerk on forms provided for that purpose by the Village.

Review standards and criteria. The Planning Commission shall utilize the following standards and criteria in reviewing all special land use requests. The Planning Commission shall find that each standard and criteria is met prior to granting approval of any special land use request.

Conditions. The Planning Commission may impose conditions in granting special land use approval in accordance with the following:

General stipulations.

Single-family residential accessory apartments. One accessory apartment per single-family dwelling unit may be permitted in accordance with the following criteria:

Accessory apartments in the RO Residential Office and GBD General Business Downtown Districts.

All such uses shall be located on a principal arterials, minor arterials and collector streets.

All buildings, vehicle storage areas, equipment and the like shall be set back a minimum of 50 feet from any property line, including rights-of-way.

One display area is permitted adjacent to the right-of-way within the fifty-foot setback in Subsection B above, not to exceed 400 square feet in area for every 250 lineal feet of lot width. Said area(s) shall be designated on the site plan.

Signs shall be in accordance with Article XIX.

Off-street parking shall be provided in accordance with § 515-101.

Site lighting shall be in accordance with § 515-90G.

Where the proposed facility abuts residentially zoned property, a landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt shall be required along the property line in accordance with § 515-91. The Planning Commission may require additional screening or landscaping where the Planning Commission determines it is necessary to prevent negative impacts on adjacent properties and rights-of-way.

The Planning Commission shall also consider conformance with § 515-150, Outdoor sales lots, in reviewing the request and may apply conditions designed to ensure conformance with the criteria in § 515-122 where the Planning Commission finds application of the criteria to be appropriate.

The bed-and-breakfast facility shall be clearly subordinate to the use of the principal residence as the owner's principal residence. Not more than 40% of the gross floor area of the dwelling unit may be devoted to guest rooms. All bed-and-breakfast rooms shall be located within the primary dwelling on the same site. No accessory buildings or second dwelling unit on the same site shall in any way be used in conjunction with a bed-and-breakfast inn.

All guest rooms shall be a minimum of 100 square feet.

All guest rooms shall be equipped with a smoke detector alarm.

Lavatory and bathing facilities shall be provided for all overnight guests.

The bed-and-breakfast inn shall have a minimum of two means of exit directly to the outside. A floor plan and elevation drawings shall be provided to demonstrate conformance with this requirement.

There shall be no exterior alterations to the dwelling which are not customary to other dwellings in the Village. If guest rooms are not part of the original structure, plans for the addition(s), prepared and sealed by a registered architect, shall be submitted with the application. The Planning Commission shall determine that the proposed addition(s) are compatible in style and design with the original structure, and that the added room(s) could be utilized for single-family residential use should the bed-and-breakfast inn be discontinued.

Off-street parking shall be provided at a ratio of one space per bed-and-breakfast room. The parking spaces shall be designed to maintain the residential character of the site.

Signs shall be in conformance with Article XIX.

The maximum length of stay for overnight guests shall be 14 days.

The application shall include written verification from the County Health Department that the existing or proposed sewage disposal system is adequate for the proposed use.

Any change in ownership of the site shall require written notification to the Village Clerk 30 days prior to the transfer of title.

The applicant shall arrange, at the applicant's expense, inspection of all units proposed for bed-and-breakfast units by the Village's Zoning Administrator and Building Inspector prior to review by the Planning Commission. These reports shall be included with the application.

The site shall have direct access onto a principal or minor arterial.

All equipment shall be set back a minimum of 250 feet from any district which permits residential uses and 100 feet from any property line.

The application shall include a written report which documents conformance with the performance standards in § 515-90, the groundwater protection standards and the storage of hazardous substances standards in § 515-100, Site plan review.

The location, size and type of all aboveground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes. (See § 515-100E.)

The storage area shall be screened from view from any adjoining nonindustrial zoning district or from any public street by a landform buffer or screen wall and adjacent greenbelt in conformance with § 515-91.

All facilities shall be approved by the Fire Department as being in compliance with all federal, state and local regulations.

A hazardous materials spill contingency plan shall be submitted for approval by the Planning Commission. The plan shall specify response methods, cleanup methods, disposal methods and fire containment methods.

Performance guarantee.

Minimum site area for a campground shall be 20 acres.

Only tents, campers, trailers, camping units, or travel trailers shall be permitted. No mobile homes, cabins or other permanent residential structures for use by patrons are permitted. No individual tent or other camping unit shall occupy a site in the facility for more than 30 days in a calendar year. No person, other than the owner/operator or a caretaker, shall occupy any site or reside at the campground for more than 30 days in a calendar year.

Accessory commercial uses, such as convenience stores, gift shops, propane sales, laundry services and the like shall be housed in a single building and designed to serve the needs of patrons at the campground. Off-street parking and screening and landscaping shall be provided in accordance with §§ 515-101 and 515-91, respectively.

Where the campground abuts single-family residential districts, the site shall be appropriately fenced, as determined by the Planning Commission.

The active campground use areas, such as entrance building, convenience building, recreation areas, campsites and the like, shall be a minimum of 100 feet from any property line.

Where the campground is adjacent to any single-family residential district, a landform buffer, buffer strip, or screening wall/fence with adjacent greenbelt shall be provided along the property line(s) in accordance with § 515-91. The Planning Commission may require additional screening or landscaping where the Planning Commission determines it is necessary to prevent negative impacts on adjacent properties and rights-of-way.

Minimum site size shall be 20 acres with a minimum lot width of 330 feet.

There shall be no burial plots within 25 feet of any property line.

No service building shall be located closer than 100 feet to any property line. All service and storage yards shall be screened from view by a landform buffer strip, buffer strip, or screen wall and adjacent greenbelt in conformance with the provisions in § 515-91.

On all sides abutting property in a district that permits residential uses, there shall be a landscaped greenbelt at least 25 feet wide, in accordance with § 515-91.

The site plan submittal shall include a floor plan which details the location of all storage areas for hazardous/toxic materials and the method of secondary containment proposed in conformance with § 515-100E.

All truck loading/unloading areas shall be located within a side or rear yard and shall be a minimum of 50 feet from any property line.

Standards and conditions applicable to all commercial broadcast and wireless communication facilities.

Standards and conditions applicable to special land uses. In addition to the provisions in Subsection A above, all wireless communication facilities which are placed on new towers or other new structures and are located outside the LI, HI or the IO District shall be reviewed as special land uses. All uses which require special land use approval shall conform with the following.

Special requirements for wireless communication facilities proposed outside districts where they are principal permitted uses or permitted after special land use approval. Applications for facilities which are not permitted uses under § 515-112 and which are proposed to be located outside of a district where they are permitted as a special land use shall conform with the following standards, along with those in Subsections A and B above:

Requirements for co-location.

Removal.

Accessory retail sales shall be limited to only those products which are grown or which are clearly incidental and accessory to sales of grown materials, such as, but not limited to, potting soil, household fertilizers, planters and horticultural books.

All areas for customer and employee parking shall be set back at least 75 feet from all property lines.

All greenhouse buildings shall be set back at least 50 feet from any property line.

All service and storage areas for equipment and materials shall be set back at least 50 feet from any property line and shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

All off-street parking shall be screened by a landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt in accordance with § 515-91.

The site shall have direct access to a major or secondary thoroughfare.

The Planning Commission may regulate the hours of operation as a condition of the special land use approval and permit.

Any outdoor recreational activities shall comply with § 515-133, Commercial outdoor recreation.

No activities, parking or structures shall be located within 100 feet of an abutting single-family residential district or within 50 feet of any property line.

Use of loudspeaker or public address systems for broadcasting music or continuous announcements shall be prohibited. Any proposed public address system shall be described in writing as a part of the application for special land use approval and shall be detailed on the site plan as to location of speakers, direction of speakers, duration/frequency of use, and time(s) of use.

An outdoor lighting plan shall specify the type of fixtures to be used, light intensity, and method of shielding the fixtures so that light does not project onto adjoining properties or any public or private street or right-of-way. The site plan shall detail this information.

Hours of operation shall be included in writing as a part of the application for special land use approval. Hours of operation may be restricted by the Planning Commission in order to reduce the impact of the proposed use on abutting residential areas.

All protective fencing/netting locations shall be detailed on the site plan. The Planning Commission may regulate type, size and location of said fencing/netting for aesthetic, visibility and safety purposes.

All service and storage areas for equipment and materials shall be set back at least 50 feet from any property line and shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

The Planning Commission may require additional screening in conformance with § 515-91 where the Planning Commission determines such screening is necessary to reduce the impact of the proposed use on adjacent properties or rights-of-way.

See § 515-138 for equestrian stables and riding academies; § 515-127 for campgrounds; § 515-157 for shooting ranges and gun clubs.

The applicant shall demonstrate that the plant location is appropriate, based on the source of sand and aggregate materials for the plant. A market study shall be included which demonstrates the need for the specific facility proposed to serve the surrounding area.

The site plan shall demonstrate, supported by a written report submitted by the applicant, strict compliance with all local, county, state and federal requirements for air, groundwater and surface water quality. In particular, the written report shall address compliance with the performance standards in § 515-90, and the groundwater protection standards and the storage of hazardous substances standards in § 515-100, Site plan review.

The anticipated life of the plant, in years, shall be specific and tied to the operator's anticipated local reserves of the sand and aggregate materials for the plant.

The site shall have direct access to a paved regional or major thoroughfare.

All plant equipment shall be set back a minimum 1,320 feet from any district which permits residential uses and 250 feet from any property line.

The plant itself shall be screened on all property lines by a fifty-foot-wide landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt in conformance with § 515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines that it is necessary to prevent negative impact on adjacent properties or rights-of-way.

The special land use permit for a concrete or asphalt plant shall be reviewed by the Planning Commission every two years at a minimum. At least 30 days prior to transferring a permit for a concrete or an asphalt plant, the operator shall notify the purchaser of all conditions of the permit and shall notify the Village of the name, address and phone number of the new owner/operator.

Performance guarantee.

Temporary concrete or asphalt plants which are proposed in conjunction with a specified road improvement or other large-scale public works project may be permitted by the Planning Commission in conformance with this section, subject to the following:

All vehicular ingress and egress shall be directly onto a major or secondary thoroughfare.

The minimum site size shall be two acres.

All buildings shall be set back at least 50 feet from all property lines.

All parking areas shall be set back a minimum of 50 feet from all property lines. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

There shall be an outdoor recreation area for the use of residents. Said outdoor area may be located in such areas as gardens, patios, decks, open space, walking paths, and the like. Recreation space must be fully accessible to residents and of barrier-free design.

All service and storage areas for equipment and materials shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

A building setback of at least 50 feet from the existing street right-of-way (whichever is greater) shall be maintained.

Ingress and egress points shall be located at least 100 feet from the intersection of any two street right-of-way lines or any abutting residential district.

An outdoor lighting plan shall specify the type of fixtures to be used, light intensity, and method of shielding the fixtures so that light does not project onto adjoining properties or any public or private street or public right-of-way. The site plan shall detail this information.

All drive-through lanes and vehicle queuing areas shall be screened from adjacent properties by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

The Planning Commission may require additional screening in conformance with § 515-91 where the Planning Commission determines such screening is necessary to reduce the impact of the proposed drive-through use on adjacent properties or rights-of-way.

All vehicle maneuvering and queuing areas shall be designed to accommodate all vehicles on site. No right-of-way may be utilized for the stacking or maneuvering of vehicles in conjunction with the drive-through facility.

All speakers and communication systems shall be described in writing as a part of the application for special land use approval. The site plan shall detail the location of all speakers and communication system components. All such systems shall be designed to restrict volume levels to the minimum necessary to service the immediate area of intended communication and shall not permit communications to be audible at the property line. The Planning Commission may require limitations on hours of operation, additional buffering or redesign of any communication system to eliminate impact on adjacent property.

All ingress and egress from said site shall be directly onto a principal arterial, minor arterial, or collector street.

No building shall be closer than 50 feet to any property line and/or existing or proposed public right-of-way.

All parking, service and storage areas shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

All areas for student and staff parking shall be set back at least 35 feet from an abutting residential district or residential use and shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

Minimum parcel size shall be five acres.

The layout of all parking lots, driveways, waiting areas and loading zones shall be designed with pedestrian safety as the primary consideration.

An adequate dropoff area and waiting spaces shall be provided so vehicles and school buses are not standing or queuing in a public right-of-way or blocking ingress or egress to the site.

Private equestrian stables. Where the stable is utilized solely for horses and ponies belonging to the property owner, and where no boarding or other equestrian activity of any kind is offered to persons or organizations not in the immediate family of the property owner, no special approval is required. The private stable is subject to the provisions of § 515-155, Raising and keeping of animals.

Commercial equestrian stables and riding academies. Commercial equestrian stables and riding academies, where permitted by this chapter, shall conform with the following:

The Planning Commission shall review the request for special land use approval in conformance with § 515-122, Application procedures and review standards. In addition, the proposed use shall comply with other standards of the Village of New Haven related to mineral extraction operations.

All extraction, soil removal and mining operations shall demonstrate by the submission of a reclamation plan drawing (minimum scale of one inch equals 100 feet) that rehabilitation of the subject parcel, after operations are complete, will leave the property suitable for future development with one of the permitted uses in that particular zoning classification.

The Planning Commission may require additional screening, landscaping, or setbacks to buildings or use areas where the Planning Commission determines such conditions necessary to prevent negative impact on adjoining properties or rights-of-way.

Granting of a special land use approval and permit by the Planning Commission does not authorize the applicant to proceed with development of the site and commencement of mining activities. Should the Planning Commission grant special land use approval, the applicant shall proceed with application for a license to operate under the Village's code of ordinances regulating mineral extraction operations.

The minimum site size shall be four acres with a minimum lot width of 200 feet.

All operations shall be conducted within a completely enclosed building.

The site shall have direct access onto a principal or minor arterial.

All plant equipment shall be set back a minimum of 250 feet from any district which permits residential uses and 100 feet from any property line.

The application shall include a written report which documents conformance with the performance standards in § 515-90, and the groundwater protection standards and the storage of hazardous substances standards in § 515-100E.

The site shall be screened on all property lines by a fifty-foot-wide landform buffer, buffer strip, and screen wall/fence in conformance with § 515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines that it is necessary to prevent negative impact on adjacent properties or rights-of-way.

The site shall have direct access to a principal arterial, minor arterial, or collector street.

The minimum site size shall be two acres on a contiguous parcel.

All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

The site plan shall include a floor plan of the proposed structure(s) for use in determining required parking.

Group day-care homes shall be permitted in certain districts, as specified in this chapter, subject to meeting the standards contained in this section.

Location. The proposed use shall not be located closer than 1,500 feet to any of the following facilities, as measured along a street, road or other thoroughfare, excluding an alley:

Yard and placement requirements.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in this chapter.

Character of development. 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.

Signage. The use may have one nonilluminated sign, not to exceed two square feet in area, and shall display only the name and address of the group day-care home.

Hours of operation. Operating hours shall not exceed 16 hours during a twenty-four-hour period. Further, operating hours shall be limited from 6:00 a.m. to 11:00 p.m. daily.

Inspection. The proposed use, if approved, shall be inspected for compliance with these standards prior to occupancy and at least once each year thereafter within 10 days of the anniversary of the certificate of occupancy.

The minimum site area shall be 10 acres.

The proposed site shall be located on a paved principal or minor arterial street, with all vehicular access provided from the principal or minor arterial.

All drives shall be located a minimum of 50 feet from any adjacent property. Any drive which accommodates emergency access shall be a minimum of 100 feet from any adjacent property.

All service areas and emergency vehicle access areas shall be designed to minimize the impact on adjacent properties. The Planning Commission may require locational, directional, landscaping or screening modifications to ensure that these areas do not negatively impact adjacent properties or rights-of-way.

All drives shall be designed to separate vehicular and pedestrian traffic.

Parking and service areas shall be screened in conformance with § 515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines it is necessary to reduce negative impacts on adjacent properties or rights-of-way.

A lighting and public address system plan shall be included with the site plan to ensure conformance with § 515-90, Performance standards.

All vehicular ingress and egress shall be directly onto a major or secondary thoroughfare. All drives shall be a minimum of 25 feet from any district which permits residential uses.

The minimum site size shall be two acres.

All buildings shall be set back at least 50 feet from all property lines, except within the GBD District.

All parking areas shall be set back a minimum of 50 feet from all property lines, except within the GBD District. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

Any outdoor recreation area for the use of overnight guests shall be detailed on the site plan and shall be designed to minimize the visual or noise impacts of the outdoor activity on adjacent property. All such areas shall be accessible to only overnight guests and shall be of barrier-free design.

All service and storage areas for maintenance equipment shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

The Planning Commission may require additional screening, buffering or landscaping along any property line where the Planning Commission determines such additional improvements would be necessary to reduce the impact on adjoining properties. Said screening, buffering or landscaping shall be in accordance with § 515-91.

Private kennels.

Commercial kennels; veterinarian clinics with outdoor animal use areas.

The minimum site size shall be 10 acres.

Farming activities shall be limited to growing crops and raising of livestock in a manner consistent with the Village character. Agribusinesses, chicken farms, feedlots and similar intensive agricultural uses shall not be permitted.

The raising and keeping of large animals shall be in accordance with § 515-155.

All limited (hobby) farms shall be maintained and operated in conformance with generally accepted farming practices to minimize the negative impacts of an aspect of the farm operation on adjacent properties.

The use shall be completely enclosed with no activities occurring outdoors except ancillary storage, loading and unloading of raw materials and finished products.

Outdoor storage yards associated with the use(s) shall be located in conformance with § 515-152.

The site shall be designed to minimize negative impact on adjacent properties with regard to noise, glare, dust or fumes.

All loading/truck service areas shall be located in compliance with the following:

Site lighting shall be designed and regulated in accordance with § 515-90. All lighting shall be detailed on the site plan and designed to prevent glare on adjacent properties.

Proposed maintenance facilities, including fueling stations, shall be noted on the site plan.

Loudspeakers or public address systems may be permitted, subject to the following criteria:

All such uses shall be licensed by the State of Michigan.

All such uses shall provide adequate dropoff and waiting spaces so that vehicles are not standing or queuing in a public right-of-way or blocking ingress to the site.

The site layout shall be designed to ensure pedestrian safety by separating play and recreation areas and dropoff/pickup points from parking and driveways.

A minimum of 100 square feet of outdoor play area shall be provided for each child, with a minimum of 1,200 square feet.

Outdoor play areas shall be located to minimize the impact of noise on adjacent residential property. The Planning Commission may require screening, buffering, and locational modifications to the proposed site plan to minimize impacts on adjacent residential property.

All outdoor recreation or play areas shall be enclosed by a minimum four-foot-high chain-link or other fence enclosure.

Siting and location. Outdoor cafes, dining, or seating shall be directly adjacent to, and on the same parcel as, the building or tenant space occupied by the principal use that it serves. These outdoor areas are permitted in all yards and shall adhere to required setback standards for the underlying district. All applicants who wish to install an outdoor seating area shall submit a site plan, proof of insurance, expressed written consent from landlord/owner (if not the applicant), and will not be permitted without review and approval from the Planning Commission, Village building official, fire department, and engineering for compliance with all regulatory and safety requirements.

Design and layout criteria.

Off-street parking and outdoor seating capacity. Outdoor dining shall be considered an incidental and accessory use and therefore not included in the parking calculation of required parking spaces under the following conditions:

Lighting. Lighting for outdoor dining areas shall be noted on the application and shall be shielded downward and away from adjacent properties and rights-of-way. All lighting shall be designed to prevent glare from negatively impacting adjacent properties or rights-of-way. See § 515-90 for specific requirements for site lighting.

Hours of operation. The hours of outdoor dining operation shall be limited to the hours of 10:00 a.m. to 10:00 p.m., or the hours of operation of the principal use, whichever is more restrictive.

Temporary/seasonal outdoor cafe, dining, or seating. The intent of this provision is to create or increase outdoor cafe, dining, or seating areas for existing restaurants and food service establishments on a temporary or seasonal basis. Temporary/Seasonal Outdoor areas are a permitted use in the GBD and GB District and may be administratively reviewed at the discretion of the Building Department Director/Official or their designee with the following guidance and design criteria:

Hold harmless. The applicant shall acknowledge that he/she is proceeding at his/her own risk and hereby agrees to assume all responsibility and to hold harmless the Village, its officers, agents, and assigns in connection herewith from any claims, demands, liabilities, losses, causes of action of any nature whatsoever arising out of or in connection with the permit(s) issued or any part thereof, from and against all costs, fees, expenses, liabilities, any orders, judgments, or decrees which may be entered, and from and against all costs for attorneys' fees, expenses and liabilities incurred in the defense of such claim or in the investigation thereof.

An outdoor lighting plan shall specify the type of fixtures to be used, light intensity and method of shielding the fixtures so that light does not project onto adjoining properties or on any public or private street or right-of-way. The site plan shall detail this information.

There shall be no festoon signs or bare light bulbs permitted.

No vehicles or merchandise for sale shall be displayed within any required greenbelts, landform buffers, buffer strips, or other landscaped or open space area.

Loudspeakers or public address systems may be permitted, subject to the following criteria:

A landform buffer, buffer strip, or screen wall and adjacent greenbelt shall be located on all property lines which abut any district which permits residential uses.

The Planning Commission may require additional screening, buffering or landscaping along any property line where the Planning Commission determines such additional improvements would be necessary to reduce the impact of the proposed outdoor sales lot on adjoining properties. Said screening, buffering or landscaping shall be in accordance with § 515-91.

The site plan shall detail the location and type of equipment or materials proposed to be stored in the outdoor storage yards. Anticipated duration of storage of specified materials, height, and extent of area covered by materials shall also be indicated on the site plan.

Storage yards shall have either direct access to a regional or major arterial roadway or access to a regional or major arterial roadway via an internal industrial service road or industrial collector road. Access shall be at least 500 feet from any single-family, multifamily or mobile home residential area.

All vehicular use areas shall be paved with asphalt or concrete. Areas used exclusively for storage may be gravel or crushed stone surface, as approved by the Planning Commission. All proposed surface areas shall be detailed on the site plan and shall be in conformance with § 515-90.

All lighting shall be shielded downward and away from adjacent properties and rights-of-way. All lighting locations shall be noted on the site plan and shall be in conformance with § 515-90.

A minimum twenty-foot-wide landform buffer or buffer strip shall be provided along all property lines within 100 feet of a public or private road right-of-way or residentially zoned property in accordance with § 515-91. In addition, a minimum six-foot-high screen wall or obscuring decorative, pressure-treated or cedar wood fence shall be provided behind the required landform buffer or buffer strip wherever the site abuts a district which permits residential uses or any public or private right-of-way. The Planning Commission may require said screening wall/fence to be increased in height to a maximum of eight feet where necessary to adequately screen stored materials. The Planning Commission may require additional landscaping and screening where the Planning Commission finds that it is necessary to minimize the impact on adjacent properties. Where outdoor storage yards are used to display equipment for sale, the Planning Commission shall have the discretion to waive the screening wall/fence requirement.

No storage area shall be located within 20 feet of any property line. Stored material shall not exceed eight feet in height within 50 feet of any property line.

The Planning Commission and Village Council may request review and comment on the proposed outdoor storage yard from the Fire Marshal and MDEQ where the materials proposed to be stored may pose an environmental or safety hazard.

The Planning Commission shall review the site one year from approval to ensure compliance with this section and the special land use permit.

There shall be no burning on the site.

All industrial processes, including the use of equipment for compressing or packaging, shall be conducted at least 200 feet from the exterior property line; provided, however, that occasional metal cutting shall be allowed anywhere within the wall or fence provided that adequate measures are taken to ensure against fire and adjacent properties are protected from glare and noise, including excessive intermittent noise.

The applicant shall provide a written plan for the control of dust on site. This plan shall address how storage piles will be treated to minimize dust and how dust will be controlled when materials are moved to and from piles from transport vehicles (including trucks and railcars). This plan shall be made part of the application package and shall be subject to approval by the Planning Commission.

A drainage plan addressing the impact of stored material on the site drainage system and ensuring that stormwater runoff from the site shall not exceed the agricultural runoff rate shall be submitted as part of the application package.

Performance guarantee.

The site shall have direct access to a principal arterial, minor arterial, or collector street.

The minimum site size shall be two acres on a contiguous parcel.

All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

The principal building shall comply with all setback requirements of the district in which it is located. In no case shall the principal building be located closer than a distance equal to its height to any property line.

The site plan shall include a floor plan of the proposed structure(s) for use in determining required parking.

The site plan shall detail any proposed outdoor use areas (playgrounds, shrines, etc.), including means of pedestrian and vehicular access, if applicable. All lighting shall be noted on the site plan and shielded downward and away from adjacent properties and rights-of-way. All lighting shall be designed to prevent glare from negatively impacting adjacent properties or rights-of-way.

The site shall have all access from a principal arterial or minor arterial street.

Outdoor storage yards shall be accessory to the principal public building or use on the same site.

Compliance with all provisions of § 515-152, Outdoor storage yards, shall be required.

All parking areas, drives and structures shall be screened from view from adjacent residentially zoned properties by a seventy-five-foot-wide buffer area with a berm that meets the standards of § 515-91.

No overhead doors shall face any residentially zoned property; provided, however, that said overhead doors may face residentially zoned properties if the berm required in Subsection D above is increased to a minimum of eight feet in height.

In order to minimize noise and visual impacts, truck parking areas and fueling stations shall be placed so they are screened from any residentially zoned property by a principal or accessory building, and such site features shall be placed at least 200 feet from any residentially zoned property. The Planning Commission may permit the applicant to substitute or augment the requirement to screen truck parking and fueling stations by the placement of an eight-foot landscape berm constructed according to the truck parking areas/fueling stations shall also be provided.

The maximum height for structures may be increased to 35 feet if set back from all residentially zoned property by a minimum of 200 feet.

Minimum lot area shall be two acres.

The maximum number of large animals which may be permitted by the Planning Commission shall be in accordance with the following:

All manure or other wastes produced or generated by raising or keeping of farm animals shall be stored in a fashion which reduces the nuisance impact of said wastes on adjacent properties. No wastes shall be stockpiled for a period to exceed 120 days, and no wastes shall be stockpiled closer than 100 feet from any property line. This subsection shall not be construed as preventing the spreading of manure as fertilizer in conjunction with an agricultural operation.

All accessory buildings, structures or use areas for farm animals shall be set back a minimum of 50 feet from any property line. Accessory buildings and structures shall be constructed and maintained in accordance with § 515-78.

All farm animals shall be adequately fenced or corralled to prevent them from roaming off site.

The raising of a single farm animal for a 4-H or similar educational program shall be exempt from this section but shall conform with all provisions of § 515-102.

The site shall be designed in conformance with the performance standards in § 515-90 to minimize negative impact on the site and adjacent properties.

Outdoor trash storage areas shall be screened from view in conformance with § 515-91K(1). All trash and refuse shall be stored within said enclosure. Compactors which are solely accessed directly from the interior of a building and which have no exterior access points do not require screening.

All loading/truck service areas shall be located entirely within the boundaries of the proposed site and shall be designed to minimize negative impact on adjoining properties and rights-of-way. No stacking, queuing, or maneuvering of delivery or service vehicles shall occur within a right-of-way or road. All service, loading, and vehicular use areas shall be paved with asphalt or concrete.

The site plan shall detail the location of all outdoor storage areas, storage rack locations, type of material or vehicle stored, and height of materials or vehicles stored.

A minimum forty-foot-wide landform buffer or buffer strip shall be provided along all property lines in accordance with § 515-91. In addition, a minimum six-foot-high screen wall or fence shall be provided behind the required landform buffer or buffer strip wherever the site abuts a district which permits single-family residential uses or any public or private right-of-way. The Planning Commission may require said screening wall/fence to be increased in height to a maximum of eight feet where necessary to adequately screen stored materials. The Planning Commission may require additional landscaping and screening where the Planning Commission finds that it is necessary to minimize the impact on adjacent properties.

No storage area shall be located within 20 feet of any property line. Stored material shall not exceed eight feet in height within 50 feet of any property line.

Where the activity involves any hazardous substances or polluting materials, all use areas shall be designed to prevent any release of the materials into the environment. At a minimum, this shall include full conformance with the groundwater protection standards detailed in § 515-90.

To protect groundwater resources, all areas for dismantling of automotive and truck parts and vehicles shall be fully enclosed and situated on a paved surface that includes a system for collecting spills of automotive and automotive-type fluids. These fluids and any and all other types of hazardous materials shall be contained in approved storage units and disposed of in accordance with state and federal laws.

A drainage plan addressing the impact of stored material on the site drainage system and ensuring that stormwater runoff from the site shall not exceed the agricultural runoff rate shall be submitted as part of the application package.

The Planning Commission shall review the special approval one year from the date of Planning Commission approval to review the facility operation. In reviewing the special approval, the Planning Commission shall consult the Zoning Administrator, along with any public comment at the review hearing, which shall form the basis for any subsequent decision(s) by the Planning Commission. The Planning Commission may require that additional measures be taken by the owner to address any operational problems which do not comply with the standards of this chapter or conditions of the Planning Commission's special land use approval and permit.

Salvage/recycling yards shall have either direct access to a regional or major arterial roadway or access to a regional or major arterial roadway via an internal industrial service road or industrial collector road. Access shall be at least 500 feet from any single-family, multifamily or mobile home residential area.

All vehicular use areas shall be paved with asphalt or concrete. Areas used exclusively for storage may be gravel or crushed stone surface, as approved by the Planning Commission. All proposed surface areas shall be detailed on the site plan.

All lighting shall be shielded downward and away from adjacent properties and right-of-way. All lighting locations shall be noted on the site plan.

The Planning Commission and Village Council may request review and comment on the proposed outdoor storage yard from the Fire Marshal and MDEQ where the materials proposed to be stored may pose an environmental or safety hazard.

There shall be no burning on the site.

All industrial processes, including the use of equipment for compressing or packaging, shall be conducted at least 200 feet from the exterior property line; provided, however, that occasional metal cutting shall be allowed anywhere within the wall or fence provided that adequate measures are taken to ensure against fire and adjacent properties are protected from glare and noise, including excessive intermittent noise.

The applicant shall provide a written plan for the control of dust on site. This plan shall address how storage piles will be treated to minimize dust and how dust will be controlled when materials are moved to and from piles from transport vehicles (including trucks and rail cars). This plan shall be made part of the application package and shall be subject to approval by the Planning Commission.

Performance guarantee.

The minimum site area shall be 80 acres with a minimum lot width of 1,320 feet.

Off-street parking shall be provided in accordance with § 515-101. Parking spaces shall be provided at a ratio of one space for each two range shooting spaces.

All parking areas shall be screened from view in accordance with § 515-91. The Planning Commission may require additional screening or landscaping where the Planning Commission determines it is necessary to prevent negative impacts on adjacent properties.

Hours of operation shall be limited to 9:00 a.m. to 7:00 p.m. Monday through Saturday and 12:00 noon through 6:00 p.m. on Sundays. The Planning Commission may restrict hours further in order to reduce the impact of the facility on adjacent residential uses.

The facility shall be designed to reduce the negative impact on adjacent properties from noise. Site layout, berming, setbacks, and building placement shall be considered in the Planning Commission's determination that this criteria has been met by the applicant.

The design of the facility shall demonstrate that the safety of all persons on and off the site has been assured. This shall be interpreted to mean that the site has been designed to prevent projectiles of any sort from leaving the site. The application shall include a written report specifying in detail conformance of the proposed facility with the design, safety and operations recommendations and guidelines of the National Rifle Association's The Range Manual. The Planning Commission shall not consider an application until this information has been submitted for review.

All firing range areas shall be completely fenced, except at the firing line, by a minimum eight-foot-high chain-link fence or appropriate alternative construction.

The firing line or other area from which firearms are discharged shall be located no closer than 150 feet from any property line or right-of-way. This setback shall be increased to 500 feet from any residential structure.

The application shall include a written statement which specifies any activities on the site which will include any firearm, air-gun, bow or other projectile activities outside of a designated shooting range. This shall include skeet, survival games, hunting reserves and the like. The site plan shall also detail these areas. Conformance with The Range Manual, where applicable, shall be demonstrated.

The application shall include a written statement which specifies any activities on the site which will include any parking, spectator or participant demands or uses on the site in excess of what would be normal and customary for the primary uses at the site. This shall include special events, competitions, gun shows and the like. The Planning Commission shall have the authority to limit or prevent use of the facility for these types of activities where the Planning Commission determines such activities are not compatible with adjoining land uses.

The application shall include a written report which documents conformance with the performance standards in § 515-90 and the groundwater protection standards in § 515-100E.

Outdoor storage yards shall conform to the provisions of § 515-152.

Screening and landscaping shall be provided in conformance with § 515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines it is necessary to protect adjacent properties or rights-of-way from negative impacts of the proposed use(s).

The site shall be designed to minimize the impact of the proposed facility on adjacent land uses and rights-of-way. This shall include building and outdoor use area design and location, screening, landscaping, bulk and height of proposed structures, and drive/parking location.

Local utility structures. Utility structures, such as, but not limited to, electric transformer stations and substations, gas regulator stations, sewer lift stations, and the like, may be permitted in all districts, subject to the following:

Utility transmission systems. Utility transmission systems, such as, but not limited to, high-voltage electric transmission lines and high-pressure gas pipelines may be permitted in certain districts, as specified in this chapter, subject to the following:

Utility transmission structures. Utility transmission structures, such, as but not limited to, high-voltage electric stations, gas compressor stations, and telephone exchange buildings may be permitted in certain districts, as specified in this chapter, subject to the following:

Retail gasoline sales and convenience commercial facilities (no vehicle repair).

Retail gasoline sales with limited repair facilities.

No vehicles awaiting service shall remain on site for more than 36 hours.

All repair services shall be conducted within a completely enclosed building.

All trash storage areas shall be screened from view in accordance with § 515-91K(1). All discarded vehicle parts shall be kept inside the enclosure and shall not be permitted to accumulate for periods longer than one week.

A six-foot-high masonry wall of face brick or poured concrete with brick pattern on both sides shall be located on all property lines which abut any residential zoning district. In addition, a five-foot-wide greenbelt shall be installed adjacent to the required wall. The wall and greenbelt shall be constructed in accordance with the criteria in § 515-91. Where the parcel abuts any other district, the screening and landscaping options in § 515-91 shall be applied by the Planning Commission.

Management plans shall be maintained for the collection, storage, and recycling or proper disposal of all new, used or waste automotive fluids resulting from repair or service operations.

The location, size and type of all aboveground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes. (See § 515-100E.)

The use shall be completely enclosed within a building.

No vehicles awaiting repair shall remain on site for more than 24 hours.

A six-foot-high masonry wall of face brick or poured concrete with brick pattern on both sides shall be located on all property lines which abut any residential zoning district. In addition, a five-foot-wide greenbelt shall be installed adjacent to the required wall. The wall and greenbelt shall be constructed in accordance with the criteria in § 515-91. Where the parcel abuts any other district, the screening and landscaping options in § 515-91 shall be applied by the Planning Commission.

All trash storage areas shall be screened from view in accordance with § 515-91K(1).

Management plans shall be maintained for the collection, storage and recycling or proper disposal of all new, used or waste automotive fluids resulting from repair or service operations.

The location, size and type of all aboveground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes. (See § 515-100E.)

The site plan shall detail all required parking and vehicular standing areas as required in § 515-101, Off-street parking.

The site shall be designed to minimize the potential for excess water from clean vehicles dripping onto adjacent roads. In complying with this subsection, a combination of alternatives may be used, including, but not limited to, blowers, hand drying, length of exit drive and general site design.

The site plan shall demonstrate that the direction of drainage flow for the wash facility will prevent water from flowing outside of the wash facility structure. In addition, all water shall flow into a floor drain that is connected to a public sewer system. Floor drains shall not outlet to soils, groundwater or nearby drains or rivers.

The site plan shall detail the location of all proposed vacuum stations. These areas shall be located so as not to conflict with any required parking, drive or automobile standing areas. Self-contained, covered waste receptacles shall be provided at each proposed vacuum station to provide convenient disposal of customer refuse.

The site shall be screened from abutting property in conformance with § 515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines that it is necessary to prevent negative impacts on adjoining properties.

All lighting shall be noted on the site plan and shall be shielded downward and away from adjacent properties and rights-of-way.

The owner and/or operator shall not permit any use of individual storage units other than storage.

The minimum spacing between self-storage buildings shall be 30 feet where a one-way traffic pattern is used and 40 feet for two-way movement of customer vehicles.

If an office and caretaker's quarters are proposed on site, they shall occupy a single building and shall be detailed on the site plan.

Where the site abuts any district which permits single-family residential uses, a landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt shall be provided along the property line. The Planning Commission may require additional screening or landscaping where the Planning Commission determines it is necessary to minimize the impact of the facility on adjacent properties.

There shall be no electrical or other utility service to individual units available for use by customers.

There shall be no storage of hazardous, flammable, explosive or toxic materials in any storage units at any time.

Any outdoor storage yard proposed in conjunction with a self-storage facility shall be utilized only for recreation vehicles, private automobiles, and customarily manufactured noncommercial vehicles. The intent of this subsection is to prohibit use of these facilities for contractors' storage yards and bulk materials storage. All outdoor vehicle storage areas shall comply with the provisions of § 515-152, Outdoor storage yards.

The Village of New Haven recognizes the authority of the State of Michigan with regard to the issuance of construction and operating permits for sanitary landfills and similar uses. The Village considers the requirements of Act 641 of 1978, as amended, and all rules and regulations promulgated pursuant to authority of said act as the minimum standards for approval of any landfill, transfer station, or similar use.[2]

All waste hauling, transfer, processing or disposal facilities, including sanitary landfills, hazardous waste facilities, mixed waste processing facilities, incinerators and similar uses shall obtain special land use approval from the Planning Commission, subject to the following:

The Planning Commission shall review all proposed facilities under this section in the same manner as a special land use and make findings that the granting of a permit as proposed would not:

Site location and design.

Operation.

Performance guarantee.

All such uses shall be licensed by the State of Michigan.

The proposed use shall be at least 1,500 feet from another group day-care home or similar facility and shall not result in an excessive concentration of child- or adult-care facilities in the neighborhood or the Village overall.

One off-street parking space for each two beds and one off-street parking space per employee not a resident of the adult foster care home shall be provided.

The exterior appearance and architectural design of the principal and accessory building shall be consistent with the prevailing appearance and architecture of the surrounding residential uses.

When outdoor recreation areas are provided, they shall be enclosed by a fence that is at least four feet in height but no higher than six feet in height.

Code inspection may be required as necessary to determine compliance with applicable zoning and/or Building Code regulations.

The Planning Commission shall find that the proposed use shall not change the essential residential character of the surrounding area.

All vehicular ingress and egress shall be directly onto a principal arterial, minor arterial, or collector road.

The minimum site size shall be two acres. The minimum lot width shall be 200 feet.

The density shall not exceed 12 dwelling units per acre.

Building setbacks, maximum building height, minimum floor area per dwelling unit, and maximum lot coverage shall comply with the requirements for the MF Multiple-Family Residential District, as provided in Article XVII, Schedule of District Regulations, which provides height, bulk, density, area, setback and lot coverage by district.[1]

The site shall be screened from adjacent single-family residential districts by a greenbelt planted in accordance with § 515-91.

All parking areas shall be set back a minimum of 50 feet from all property lines. All parking areas shall be screened from adjoining properties zoned for single-family residential uses by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

There shall be an outdoor recreation area for the use of residents. Said outdoor area may be located in such areas as gardens, patios, decks, open space, walking paths and the like. Recreation space must be fully accessible to residents and of barrier-free design.

All service and storage areas for equipment and materials shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.